Dhanish V v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.11.2021
CORAM:
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN WP(MD)No.18295 of 2021 and WMP(MD)No.15124 of 2021 V.Dhanish ... Petitioner vs.
1.The Superintendent of Police, Kanyakumari District, Nagercoil.
2.The Deputy Superintendent of Police, Kulachal, Kanyakumari District.
3.The Inspector of Police, (Circle Inspector), Manavalakurichi & Vellichanthai Police Station, 4.The Sub-Inspector of Police, Vellichanthai Police Station, (Crime No.231 of 2020).
5.Thangaraj, Sub-Inspector of Police, Vellichanthai Police Station, ... Respondents PRAYER : Writ Petition filed under Section 226 of the Constitution of India, to issue Writ of Mandamus, to direct the third respondent to conduct reinvestigation of the case in Crime No.231 of 2020 in C.C No.415 of 2020 on the file of the Judicial Magistrate, Eraniel. For Petitioner : Mr.T.Arul For Respondents : Mr.T.Senthilkumar, Additional Public Prosecutor
ORDER
Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents. 2.The petitioner is facing trial in C.C No.415 of 2020 on the file of the Judicial Magistrate, Eraniel. According to the petitioner, he has been implicated on account of family dispute. 1/3
The prayer made in the writ petition is for conducting further investigation. According to the petitioner, the materials available with him if looked into will clearly result in his exoneration. The petitioner is a meritorious student. He has also received quite a few job offers. The pendency of the criminal case is likely to ruin his future and career.
3.Taking note of the submissions made by the petitioner's counsel, instead of directing further investigation by the respondents, I direct the learned Trial Magistrate to conclude the case on merits and in accordance with law within a period of forty five days from the next hearing date. I am informed that the next hearing date is 28.01.2022. The petitioner is aged about twenty five years and his future has to be necessarily taken into account. It is for this reason I direct the trial magistrate to expedite the trial. All the contentions of the petitioner are left open. This writ petition is disposed of on these terms. No costs. Connected miscellaneous petition is closed.
Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS) skm Note :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 Superintendent of Police, Kanyakumari District, Nagercoil.
2.The Deputy Superintendent of Police, Kulachal, Kanyakumari District.
3.The Inspector of Police, (Circle Inspector), Manavalakurichi & Vellichanthai Police Station, 2/3
4.The Sub-Inspector of Police, Vellichanthai Police Station, COPY TO:
The Judicial Magistrate, Eraniel.
+1 CC to M/s.T. ARUL, Advocate ( SR-36140[F] dated 26/11/2021 ) WP(MD)No.18295 of 2021 and WMP(MD)No.15124 of 2021 25.11.2021 RD(08.12.2021) 3P 7C 3/3