Madras High CourtCRL OP(MD)/10426/2019disposed of

Naresh v. The Inspector Of Police

2019-07-24Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.07.2019

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Crl.O.P.(MD)No.10426 of 2019 Naresh ... Petitioner/Sole Accused Vs.

The State of Tamil Nadu Represented by The Inspector of Police Kalakad Police Station Tirunelveli District (Crime No.154 of 2009) ... Respondent/Complainant Prayer: This Criminal Original Petition has been filed under Section 482 Cr.P.C. to pass appropriate direction to the Judicial Magistrate, Nanguneri to expedite the trial in C.C.No.270 of 2010. For Petitioner : Mr.C.K.M.Appaji For Respondent : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed to direct the learned Judicial Magistrate, Nanguneri to expedite the trial in C.C.No.270 of 2010.

2.The grievance of the petitioner is that the respondent police registered a case against him in Crime No.154 of 2009 for the offences punishable under Sections 294(b), 324, 326 and 506(ii) I.P.C. After completing investigation, a charge sheet has been filed and the same was taken cognizance and pending in C.C.No.270 of 2010 on the file of the learned Judicial Magistrate, Nanguneri. Even though the matter was taken on file from the year 2010, the prosecution has not chosen to examine any of the witnesses for the past 9 years. Hence, the present petition has been filed by the petitioner.

3.The learned Government Advocate (Crl.Side) appearing for the respondent police, on instructions, would submit that the matter is posted for trial on 30.07.2019.

4.Considering the fact that since the matter is pending from the year 2010, the learned Judicial Magistrate, Nanguneri is directed to proceed with the trial and dispose the case in C.C.No.270 of 2010 on merits and in accordance with law, within a period of three months from the date of receipt of a copy of this order.

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5.With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS ) To 1.The Judicial Magistrate Nanguneri 2.The Inspector of Police Kalakad Police Station Tirunelveli District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to Mr.C.K.M.APPAJI, Advocate ( SR-77121[F] dated 24/07/2019 ) Crl.O.P.(MD)No.10426 of 2019 24.07.2019 msa MK (05.08.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/