Madras High CourtCRL OP(MD)/11587/2019disposed of

Sasikumar, S/O.Y.Justus, v. The Sub Inspector Of Police

2019-08-21Honourable Mr Justice V. Bharathidasan2 pages

Crl.O.P.(MD)No.11587 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.08.2019

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Crl.O.P.(MD)No.11587 of 2019 Sasikumar ... Petitioner Vs.

The State Rep.by Sub-Inspector of Police, Cumbum South Police Station, Theni District.

(Crime No.363 of 2009)

...Respondent

PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the learned Judicial Magistrate, Uthamapalayam, Theni District to expedite the trial and complete the proceedings in C.C.No.34 of 2016 within a time frame that may be stipulated by this Court.

For Petitioners : Mr.T.Jeen Joseph For Respondent : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.Side)

ORDER

This petition has been filed to direct the learned Judicial Magistrate, Uthamapalayam, Theni District to complete the proceedings in C.C.No.34 of 2016.

2. The grievance of the petitioner / defacto complainant is that based on the complaint given by the petitioner a case in Crime No.363 of 2009 has been registered for the offence punishable under Section 420 IPC. Now the matter is taken cognizance by the learned Judicial Magistrate, Uthamapalayam, Theni District and pending in C.C.No.490 of 2013. Subsequently, the case was split up and the same is pending in C.C.No.34 of 2016. As of now, the trial in the said case has not been commenced. Hence, the petitioner has filed the present petition.

3. Today, when the matter was taken up for hearing, the learned Government Advocate (Crl.Side) appearing for the first respondent, on instructions, would submit that the trial in C.C.No.34 of 2016 has been commenced and now the case is posted on https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.11587 of 2019 13.09.2019 for examination of witnesses.

4. The statement made by the learned Government Advocate (Crl.Side) is recorded. Considering the fact that already trial in this case has been commenced, the learned Judicial Magistrate, Uthamanpalayam, Theni District is directed to proceed with the trial in C.C.No.34 of 2016 and dispose of the same within a period of six months from the date of receipt of a copy of this order.

5. With the above direction this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS) To 1.The Judicial Magistrate, Uthamapalayam, Theni District 2.The Sub-Inspector of Police, Cumbum South Police Station, Theni District.

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

+1 CC to M/s.T. JEEN JOSEPH, Advocate ( SR-82747[F] dated 21/08/2019 Crl.O.P.(MD)No.11587 of 2019 21.08.2019 ta JMN(06.09.2019) 2P : 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2