Madras High CourtCRL OP(MD)/12533/2021allowed

Gopi @ Gopinath v. The Inspector Of Police

2021-08-31Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.12533 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.08.2021 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.12533 of 2021 Gopi @ Gopinath ... Petitioner Vs.

The Inspector of Police, Puliyankudi Police Station, Keelaiyanallur Taluk, Tenkasi District.

(Crime No.138 of 2019) ... Respondent Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned District Munsif cum Judicial Magistrate, Sivagiri to expeditiously complete the trial in CC No.106 of 2020 within the time stipulated by this Court.

For Petitioner : Mr.V.Muthusamundeeswaran For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor

ORDER

This petition is filed to direct the learned District Munsif cum Judicial Magistrate, Sivagiri to expeditiously complete the trial in CC No.106 of 2020 within the time stipulated by this Court.

2.The case in CC No.106 of 2020 has been registered against the petitioner for the offence punishable under Section 379 IPC. The learned counsel for the petitioner would submit that because of the pendency of the case, he is not in a position to get passport and visa to get job abroad. Hence, he seeks direction to the concerned Court to expedite the trial within the stipulated time.

3.When the matter is taken up for hearing, the learned Additional Public Prosecutor would submit that because of pandemic situation, the case is kept pending without any progress. The next date of hearing is 21.10.2021.

4.Considering the nature of the request as well as the position of the petitioner and inconvenience caused to him because of the pendency of the case, there shall be a direction to the learned District Munsif cum Judicial Magistrate, Sivagiri to https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.12533 of 2021 expedite the trial in CC No.106 of 2020 and complete the same within a period of five months from the date of receipt of a copy of this order. After disposal of the case on merits, compliance report must be submitted to the Registry of this Court. 5.With the above direction, this Criminal Original Petition is allowed.

Sd/- Assistant Registrar (WRITS) // True Copy // / /2021 Sub Assistant Registrar(CS) vrn 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 District Munsif cum Judicial Magistrate, Sivagiri. 2.The Inspector of Police, Puliyankudi Police Station, Keelaiyanallur Taluk, Tenkasi District.

(Crime No.138 of 2019) 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Copy to The Registrar (Judicial), Madurai Bench of Madras High Court, Madurai.

Crl.O.P.(MD)No.12533 of 2021 31.08.2021 DKS(CO) SB(09.09.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2