Madras High CourtCRL OP(MD)/13085/2022disposed of

Appu @ Vengadesh v. The Inspector Of Police

2022-08-05Honourable Mr Justice V.Sivagnanam4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.08.2022

CORAM:

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM Appu @ Vengadesh, : Petitioner Vs The Inspector of Police, Pattukottai Police Station, Thanjavur District.

Crime No.184 of 2012.

: Respondent PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying this Court to direct the Judicial Magistrate Court No.IV, Pattukottai, Thanjavur District to complete the trial and dispose of the case in C.C.No. 155/2019 within a stipulated time as fixed by this Honourable Court. For Petitioner : M/s. Dinesh.K, For Respondent : Mr.R.Suresh Kumar, Government Advocate (Crl.Side)

ORDER

This criminal original petition has been filed seeking a direction to the Judicial Magistrate Court, Pattukottai, Thanjavur District, to complete the trial and dispose of the case in C.C.No.155 of 2019. 1/4

2.The learned Counsel appearing for the petitioner submitted that in this petition, it is wrongly mentioned as the Judicial Magistrate Court No.IV, Pattukottai, Thanjavur District, instead of the Judicial Magistrate Court, Pattukottai, Thanjavur District. The petitioner is the third accused person in the case in C.C.No.155 of 2019, for the offences under Sections 294(b), 323, 324, 506(ii) IPC r/w Section 3(1) of Prevention of Damage to Public Property Act, 1984, on the file of the Judicial Magistrate Court, Pattukottai, Thanjavur District. On 22.08.2019, the said case was taken on file. After that, without any progress it was periodically adjourned for trial. Hence this petition has been filed.

3.The learned Government Advocate (Crl.Side) submitted that this case is posted on 16.08.2022, for trial.

4.I have considered the submissions made by both the parties. 5.On perusal of the records, it is seen that since the alleged damaged vehicle belongs to a private party, Section 3(1) of Prevention of Damage to 2/4

Public Property Act, 1984 was altered to 427 IPC. Thereafter, final report in P.R.C.No.99 of 2014 was converted as C.C.No.155 of 2019, for the offences under Sections 294(b), 323, 324, 506(2)and 427 IPC. Then, the case was periodically adjourned without any progress. Now it is posted on 16.08.2022, for trial.

6.Taking note of these fact, the Judicial Magistrate Court, Pattukottai is directed to dispose of the case in C.C.No.155 of 2019, on merits and in accordance with law, within a period of four months, from the date of receipt of a copy of this order.

7With the above direction, this criminal original petition stands disposed of.

05.08.2022 Internet:Yes Index:Yes/No Speaking/Non speaking order lr 3/4

V.SIVAGNANAM, J.

lr To 1.The Inspector of Police, Pattukottai Police Station, Thanjavur District.

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

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