Durairaj v. The Deputy Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.06.2023
CORAM:
THE HONOURABLE MR.JUSTICE G.ILANGOVAN 1.Durairaj 2.Murugan 3.Muthaiya 4.Krishnan 5.Keerthi 6.Lakshmanan 7.Kalaiyarasan 8.Vijaydevan ... Petitioners/Accused 1 to 8 Vs.
1.The Deputy Superintendent of Police, Kulithalai Sub-division, Kulithalai taluk, Karur District.
2.The Inspector of Police, Palaviduthi Police Station, Kadavur Taluk, Karur District.
3.R.Senthilkumar ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 Cr.P.C. to direct the learned Judicial Magistrate No.1, Kulithalai, to expeditiously dispose C.C. No.83 of 2020 on its file, within the time 1/5
limit fixed by this court.
For Petitioner : Mr.N.Sudhagar Nagaraj For Respondents : Mr.B.Nambiselvan for R1 and R2 Additional Public Prosecutor O R D E R This criminal Original Petition has been filed seeking direction to the learned Judicial Magistrate No.1, Kulithalai, to expeditious the trial process in C.C. No.83 of 2020 pending on his file and dispose of the same, within the time limit fixed by this court. 2.The petitioners are accused persons in Crime No.3 of 2020 on the file of the second respondent police. Initially though the case was registered for the offences punishable under Sections 147, 341, 294(b), 355, 324, 506(ii) of IPC, the charges sheet was filed before the learned Judicial Magistrate No.I, Kulithalai, for the offences punishable under Sections 147, 294(b), 355, 324, 506(i), 506(ii), 148 and 342 of IPC against the petitioners.
The further contention of the petitioners is that it is a case in counter case. The petitioners given a complaint against the third respondent, which was registered in Crime No.2 of 2020. Later it was closed as Mistake of Fact. Final report has been filed only in respect of the complaint given by the third respondent alone.
the petitioners is that some of the petitioners are School going students and some of them are College going students. On that ground speedy disposal is requested.
3.In view of the above and considering the oldness of crime, there shall be a direction to the learned Judicial Magistrate No.I, Kulithalai, to expedite the trial process in C.C.No.83 of 2020 pending on his file and dispose of the same on its own merits and in accordance with law, within a period of five months from the date of receipt of a copy of this order. 4.Considering the fact that the fifth petitioner is a College going student, his personal appearance alone is dispensed with on the following condition.
(i)The petitioner shall appear before the learned Judicial Magistrate No.I, Kulithalai, within a period of 15 days from the date of receipt of a copy of this order and file an undertaking affidavit, by affixing his recent passport size photograph, to the effect that he will appear before the trial Court as and when required and must ensure his proper representation through Advocate.
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5.With the above said directions, this criminal original petition stands disposed of.
20.06.2023 Index : Yes/No Internet : Yes/No TM To 1.The Judicial Magistrate No.I, Kulithalai.
2.The Deputy Superintendent of Police, Kulithalai Sub-division, Kulithalai taluk, Karur District.
3.The Inspector of Police, Palaviduthi Police Station, Kadavur Taluk, Karur District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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G.ILANGOVAN. J.
TM 20.06.2023 5/5