P.Peter Krishnan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.07.2023
CORAM:
THE HONOURABLE DR.JUSTICE D.NAGARJUN P.Peter Krishnan ... Petitioner Vs.
1.The Inspector of Police, Samayanallur Police Station, Madurai District.
Crime No.170 of 2019 2.Mariyappan 3.Alagarpandi 4.Chinnasamy 5.Murugan 6.Palanisamy 7.Muthukrishnan 8.Mariyappan 9.Sakthivel 1/7
10.Velanganni 11.Pandiyammal 12.Mery 13.Elanthaipalan 14.Sivagami 15.Pandiyammal 16.Murugeshwari 17.Murugesan 18.Vetrivel 19.Karthick 20.Vanavarayan 21.Mariyappan 22.Machakalai 23.Muthukaruppan 24.Palanikumar @ Kumar 25.Kaliraj @ Kalidoss 26.Selvam 27.Bala 2/7
28.Ragudravid 29.Vijay 30.Anbu @ Anbarasan 31.Muthupandi 32.Manikandan 33.Mariyappan 34.Ajithkumar 35.Nagendran 36.Murugeshwari 37.Chinnammal 38.Mary 39.Muniyammal 40.Pachaiyammal 41.Parvathi 42.Kaliyammal ..Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call direct the learned Judicial Magistrate, Vadipatti, Madurai District to commit the case in PRC.No.22 of 2020 pending on the file of the learned Judicial Magistrate, 3/7
Vadipatti to the Sessions Court within the time frame fixed by this Court. For Petitioner : Mr.C.M.Arumugam For R1 : Mr.SS.Madhavan Government Advocate (Crl.side) O RDER This petition is filed seeking for a direction to the learned Judicial Magistrate, Vadipatti, Madurai District to commit the case in PRC.No.22 of 2020 to the Sessions Court within the time frame to be fixed by this Court. 2.It is submitted by the learned counsel for the petitioner that even after the respondent police have filed the charge sheet, which was taken on file as PRC.No.22 of 2020, the learned Judicial Magistrate, Vadipatti has not committed the case, thereby the petitioner, who is one of the victims in this case, is put to lot of hardships.
3.The learned Government Advocate (Crl.side) on the other hand submits that the case has been pending on account of a pendency of the quash petition before this Court, which is filed for quashment of the FIR and very recently, the 4/7
Court was informed that the investigation has already been completed and charge sheet is filed, thereby the said petition was dismissed. It is to be noted that the trial Court has kept the matter pending without committing the same to the Sessions Court on the ground that the quash petition to quash the FIR is pending. As long as there were no stay orders, the trial Court should not have kept this matter pending so long.
4.In any case, considering the facts and circumstances of the case, this Petition is disposed of with a direction to the learned Judicial Magistrate, Vadipatti to dispose of P.R.C.No.22 of 2020 within a month from the date of receipt of a copy of this order.
Speaking : Yes / No 14.07.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No mm To 1.The Judicial Magistrate, Vadipatti, Madurai District 5/7
2.The Inspector of Police, Samayanallur Police Station, Madurai District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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DR.D.NAGARJUN. J.
mm Crl.O.P.(MD)No.12707 of 2023 14.07.2023 7/7