Madras High CourtCRL OP(MD)/11903/2021disposed of

A.Desika Sankar v. The Sub Inspector Of Police

2021-08-19Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No. 11903 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.08.2021

CORAM:

THE HONOURABLE MR.JUSTICE G. ILANGOVAN Crl.O.P.(MD)No. 11903 of 2021 A.Desika Sankar ... Petitioner/Defacto Complainant Vs.

State rep by the Sub Inspector of Police, District Crime Branch, Nagercoil, Kanyakumari District.

(Crime No.01 of 2019) ... Respondent PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the learned Judicial Magistrate No.I, Nagercoil, Kanyakumari District to expedite and conclude the trial in CC No.300 of 2021 pending before the learned Judicial Magistrate No.I, Nagercoil, Kanyakumari District in Crime No. 1 of 2019, dated 23.01.2019, on the file of the respondent within a period of three months.

For Petitioner : Mr.J.Pandi Dorai For R1 : Mr.R.M.Anbunithi Additional Public Prosecutor.

ORDER

This petition has been filed to direct the learned Judicial Magistrate No.I, Nagercoil, Kanyakumari District to expedite and conclude the trial in CC No.300 of 2021 pending before the learned Judicial Magistrate No.I, Nagercoil, Kanyakumari District. 2.The case of the petitioner is that based on the complaint given by the petitioner a case in Crime No.1 of 2019 for the offences punishable under Sections 418, 406, 420, 509 and 506(i) IPC has been registered against the accused persons. The accused persons also involved in another case, which was registered in Crime No.156 of 2016, on 29.03.2016, for the offences punishable under Sections 294(b), 323, 324 and 506(ii) IPC. He would submit based on the direction issued by this Court in Crl O.P(MD) Nos.

4307 of 2021 & 6176 of 2021, Final Reports have been filed by the respondent before the concerned Court and the cases also taken on file in CC Nos.300 of 2021 and 36 of 2018 respectively. Now, similar direction may be issued to the learned Judicial Magistrate No.I, Nagercoil, Kanyakumari District to expedite the trial in the above cases and dispose of the same within the stipulated time fixed by this Court. https://hcservices.ecourts.gov.

Crl.O.P.(MD)No. 11903 of 2021 3.Considering the facts and circumstances of the case and also it is seen that the amount involved in this case is about Two Crores, there shall be a direction to the learned Judicial Magistrate, Nagercoil, to expedite the trial and dispose of the above cases, within a period of six months from the date of receipt of a copy of this order. After completion of the trial, compliance report must be submitted to the Registry of this Court. 4.With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (CS II) // True Copy // / /2021 Sub Assistant Registrar(CS) NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

1.The Judicial Magistrate Court NO.I, Nagercoil.

2.The Sub Inspector of Police, District Crime Branch, Nagercoil, Kanyakumari District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.J.PANDI DORAI, Advocate ( SR-26985[F] dated 23/08/2021 ) Crl.O.P.(MD)No.11903 of 2021 19.08.2021 RS (01.09.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2