Madras High CourtCRL OP(MD)/13613/2022disposed of

Theivam v. The Inspector Of Police

2022-07-28Honourable Mr Justice V.Sivagnanam4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.07.2022

CORAM:

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM Crl.O.P.(MD) No.13613 of 2022 Theivam

...Petitioner

vs The Inspector of Police Elumalai Police Station, Madurai District ..Respondent PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying this Court to direct the learned Judicial Magistrate No.II, Usilampatti, Madurai District to complete the trial and dispose of the case in C.C. No.12 of 2021 expeditiously.

For Petitioner : Mr.P.Periyasamy For Respondent : Mr.R.Suresh Kumar Government Advocate (Crl.Side) 1/4

ORDER

This criminal original petition has been filed seeking a direction to direct the learned Judicial Magistrate No.II, Usilampatti, Madurai District to complete the trial and dispose of the case in C.C. No.12 of 2021

2. The learned Additional Public Prosecutor would submit that the case is posted for service of summons and so far not appeared.

3. On perusal of the record, it is seen that the case has been taken cognizance by the learned Judicial Magistrate No.II, Usilampatti in CC No.12 of 2021 in Crime No.235 of 2019. The petitioner is the defacto complainant in this case. After taking cognizance the case is posted to 08.02.2021 to 10.03.2021 for issue of service and from that date onwards it was periodically adjourned and finally it has been posted to 24.08.2022 for issue of service.

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4. Hence it is seen that service is not effected as on date. Recording the same, the learned Judicial Magistrate No.II, Usilampatti is hereby directed to give suitable instructions to the respondent police to effect service of summons upon the accused and the secure him. Further the trial Court is directed to complete the trial as expeditiously as possible preferably within a period of six months from the date of receipt of securing the accused. 5.With the above direction, this criminal original petition stands disposed of.

28.07.2022 Internet:Yes Index:Yes/No aav To

1. The Judicial Magistrate No.II, Usilampatti

2. The Inspector of Police Elumalai Police Station, Madurai District

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

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V.SIVAGNANAM, J.

aav Crl.O.P.(MD) No13613 of 2022 28.07.2022 4/4