Madras High CourtCRL OP(MD)/20481/2018disposed of

S. Anthony Muthu v. The Inspector Of Police

2018-11-16Honourable Mr Justice A.D.Jagadish Chandira2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.11.2018

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.(MD)No.20481 of 2018 S.Anthony Muthu : Petitioner Vs.

The Inspector of Police, Colachel Police Station, Kanyakumari District.

(Crime No.249 of 2009) : Respondent PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C., to direct the District Munsif Cum Judicial Magistrate, Eraniel, Kanuakumari District to dispose of C.C.No.225 of 2012 within a time, as stipulated by this Court.

For Petitioner : Mr.C.T.Perumal For Respondent : Mr.R.Anandharaj Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking for a direction to the District Munsif Cum Judicial Magistrate, Eraniel, Kanuakumari District to dispose of case in C.C.No.225 of 2012 within a stipulated time.

2.The learned counsel appearing for the petitioner would submit that the petitioner is arrayed as an accused in Crime No.249 of 2009. He would further submit that the respondent Police without properly investigating the case, filed a charge sheet on 24.11.2009 and the same was taken cognizance by the learned Principal District Munsif Cum Judicial Magistrate, Eraniel, Kanuakumari District in C.C.No.225 of 2012. He would also submit that the case was posted for the first time on 28.01.2015 and it was periodically adjourned without any progress. He would further submit that due to pendency of the case, the petitioner is unable to attend to his regular work. Hence, he prayed for allowing this petition.

2.The learned Additional Public Prosecutor would submit that the case has been posted on 09.01.2019 and witness summons have also been issued. He would further submit that there are totally six witnesses.

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3.The case is registered in the year 2009 and the case has been taken on file during the year 2012. Speedy trial is a constitutional right. Taking note of the above submission, the learned trial Judge is directed to complete the trial and pass orders, within three months from 09.01.2019.

4.With the above directions, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (CS-II) /True Copy/ Sub Assistant Registrar (CS-IV) To

1. The Principal District Munsif cum Judicial Magistrate, Eraniel, Kanyakumari District.

2. The Inspector of Police, Colachel Police Station, Kanyakumari District.

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

+ 1 CC TO Mr.C.T.PERUMAL, ADVOCATE IN SR No. 95749 GNS TE/SV/SAR-4 : 30/11/2018 : 2P/5C Crl.O.P.(MD)No.20481 of 2018 16.11.2018 https://hcservices.ecourts.gov.in/hcservices/