Kanthasamy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.07.2023

CORAM

THE HON'BLE DR.JUSTICE D.NAGARJUN Crl.O.P.(MD)No.12709 of 2023 Kanthasamy ... Petitioner Vs.

The State rep.by The Inspector of Police, Natham Police Station, Dindigul District. ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the learned Judicial Magistrate, Natham to complete the trial of C.C.No.55 of 2022 forthwith and within the time frame fixed by this Court.

For Petitioner : Mr.S.Arjun For Respondent : Mr.S.S.Madhavan Government Advocate (crl.side) 1/5

O R D E R

This Criminal Original Petition is filed seeking for a direction to the learned Judicial Magistrate, Natham, to complete the trial in C.C.No.55 of 2022 within a time frame fixed by this Court.

2. It is submitted by the learned counsel appearing for the petitioner/defacto complainant that there are civil disputes between the petitioner and the accused in respect of immovable property belonging to the petitioner. According to the petitioner, the accused in C.C.No.55 of 2022 have cut the trees in his land. On a complaint given by the petitioner, the respondent have registered a case in Crime No.772 of 2021 for the offence punishable under Sections 447, 427 and 379 of IPC and after investigation, the charge sheet was filed and the same was taken on file in C.C.No.55 of 2022. It is submitted that though C.C.No.55 of 2022 is ripe for disposal, there is no substantial progress in the trial.

3. The learned Government Advocate (criminal side) appearing for the respondent Police submits that after filing of the charge sheet, non2/5

bailable warrant was issued against few accused and subsequently, warrants were recalled. Now, non-bailable warrant has been issued against A9 and A10. A special team have been formulated to nab A9 and A10 and within a short time, the respondent Police will apprehend them and produce them before the Court.

4. Considering the submission made by the learned Government Advocate (criminal side) appearing for the respondent Police, the respondent Police are directed to form the special team and apprehend A9 and A10. The learned Judicial Magistrate, Natham, is directed to dispose of C.C.No.55 of 2022 as expeditiously as possible not later than six months after producing A9 and A10.

5. With these directions, this Criminal Original Petition is disposed of.

17.07.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No ssb 3/5

To 1.The Inspector of Police, Natham Police Station, Dindigul District.

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

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DR.D.NAGARJUN,J ssb Crl.O.P.(MD)No.12709 of 2023 Dated: 17.07.2023 5/5