Madras High CourtCRL OP(MD)/11060/2019disposed of

M.Saravanan v. R.Pratab

2019-08-06Honourable Mr Justice V. Bharathidasan2 pages

Crl.O.P.(MD)No.11060 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.08.2019

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Crl.O.P.(MD)No.11060 of 2019 M.Saravanan ... Petitioner Vs.

1.R.Pratap 2.Santha Ragavan 3.Bhuma Venkatesan 4.V.Sivakumar 5.K.Tamimul Ansari 6.R.Kalyanasundaram

...Respondents

PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the learned Judicial Magistrate No.1, Kumabakonam to declare the third respondent Tmt. Bhuma Venkatesan as a proclaimed offender and split up the case in C.C.No.57 of 2013 on the file of the Judicial Magistrate Court No.1, Kumbakonam and proceed with the trial in respect of other accused. For Petitioner : Mr.V.Kannan for S.Doraisamy

ORDER

This petition has been filed to direct the learned Judicial Magistrate No.1, Kumabakonam to declare the third respondent Tmt. Bhuma Venkatesan as a proclaimed offender and split up the case in C.C.No.57 of 2013 on the file of the Judicial Magistrate Court No.1, Kumbakonam and proceed with the trial in respect of other accused.

2. According to the petitioner he has filed a private complaint against the respondents herein and the same is pending in C.C.no.57 of 2013 on the file of the learned Judicial Magistrate No.1, Kumbakonam. Since some of the accused are absconding and Non Bailable Warrants are also pending against them for more than six years, the trial in this case has not been commenced and the same is pending. In this circumstances, the petitioner has filed an application under Section 82 (2) (1) Cr.P.C., to declare the absconding accused as proclaimed offender and take further action. But the said application has not been considered so far. Hence, the petitioner has filed the present petition.

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Crl.O.P.(MD)No.11060 of 2019

3. Considering the fact that the application filed by the petitioner under Section 82 (2) (1) Cr.P.C., is pending, without going into the merits of the matter, this Court directs the learned Judicial Magistrate No.I, Kumbakonam to consider the application and pass orders on merits and in accordance with law as expeditiously as possible.

4. With this direction this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS ) To The Judicial Magistrate No.I, Kumbakonam +1 CC to Mr.V.KANNAN, Advocate SR-80024.

Crl.O.P.(MD)No.11060 of 2019 06.08.2019 CS(27.08.2019) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/4