Madras High CourtCRL OP(MD)/13882/2021allowed

G.Senthilkumar v. The Inspector Of Police

2021-09-20Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P(MD)No.13882 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :20.09.2021

CORAM

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P(MD)No.13882 of 2021 G.Senthilkumar ... Petitioner Vs.

1.The Inspector of Police, Tharuvaikulam Police Station, Thoothukudi District.

2.Muthuselvam ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the learned Judicial Magistrate, Vilathikulam, Thoothukudi District to complete the trial in C.C.No.38 of 2019 within a time stipulated by this Court. For Petitioner : Mr.N.Tamilmani For Respondents : Mr.K.Sanjai Gandhi Government Advocate for R1

ORDER

This petition has been filed to direct the learned Judicial Magistrate, Vilathikulam, Thoothukudi District to complete the trial in C.C.No.38 of 2019 within a time stipulated by this Court. 2.The petitioner is the accused in Crime No.115 of 2016, which was registered for the offence under Sections 285, 287 and 337 of IPC and later it was altered into 285, 287, 337 and 304(A) of IPC. After filing the charge sheet, the learned Judicial Magistrate, Vilathikulam, Thoothukudi District, has taken the case on file in C.C.No.38 of 2019 and the case is still pending. 3.The grivences of the petitioner is that due to the pendency of the case, the petitioner is not in a position to go to abraod and hence, he seeks to expedite the trial in C.C.No.38 of 2019 on the file of the learned Judicial Magistrate, Vilathikulam, Thoothukudi District.

4.In view of the above submissions, this Criminal Original Petition is allowed with a direction to the learned Judicial Magistrate, Villathikulam, Thoothukudi Distirct to complete the trial process in C.C.No.38 of 2019, in accordance with law, within a https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.13882 of 2021 period of five months from the date of receipt of copy of this order. Compliance report shall be sent to the Registry, since the crime number is of the year 2016.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) tta Note:(i) 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 Judicial magistrate, Vilathikulam, Thoothukudi District.

2.The Inspector of Police, Tharuvaikulam Police Station, Thoothukudi District.

3.Additional Public Prosecutore, Madurai Bench of Madras High Court, Madurai.

Copy to:- The Section officer, Criminal Section, Madurai Bench Of Madras High Court, Madurai.

+1 CC to M/s.N.TAMILMANI, Advocate ( SR-29611[F] dated 20/09/2021 ) Crl.O.P(MD)No.13882 of 2021 20.09.2021 RD(5.10.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2