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Madras High CourtCRL OP(MD)/12973/2019disposed of

Dr. Samuel George v. The Sub Inspector Of Police

2019-09-18Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD) No.12973 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.09.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.12973 of 2019 Dr.Samuel George

...Petitioner

Vs.

The Sub Inspector of Police Marthandam Police Station Kanyakumari District

...Respondent

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to expedite the hearing in Cr.M.P. No. 3194 of 2019 in C.C. NO. 261 of 2018 before the Learned Judicial Magistrate No .I, Kuzhithurai For Petitioner : Mr.G.Prabhu Rajadurai For Respondent : Mr.K.Suyambulinga Bharathi Government Advocate(Crl.Side)

ORDER

This petition has been filed seeking direction to expedite the hearing in Cr.M.P. No. 3194 of 2019 in C.C. NO. 261 of 2018 before the learned Judicial Magistrate No .I, Kuzhithurai.

2. The learned counsel for the petitioner would submit that the petitioner is a practicing Doctor and running a private hospital by the name of 'S.G. Hospital' at Marthandam, Kanyakumari District. He is also the Founder Trustee of the Immanuel Arasar International Institute of Science and Technology Educational and Charitable Trust and he is the Chairman/Correspondent of Immanuel Arasar JJ College of Engineering run by the Trust. He would further submit that based on the complaint given by one Mariyan the respondent police registered a case in Crime No.257 of 2011 for the offences under Sections 294(b), 324, 323 and 506(ii) of IPC and the case has been taken cognizance in C.C.No.261 of 2018 and pending on the file of the learned Judicial Magistrate No.I, Kulithurai.

He would further submit that the passport of the said petitioner expired on 13.11.2018 and when he applied for renewal of his passport, the same was seized by the respondent police on the ground that criminal case is pending. He has also filed a petition in Cr.M.P No. 3194 of 2019 for return of his passport, which is still pending. Hence he has filed the present petition. https://hcservices.ecourts.gov.

Crl.O.P.(MD) No.12973 of 2019

3. Heard the learned Government Advocate (Crl.Side) appearing for the respondent.

4. Considering the facts and circumstances of the case, there shall be direction to the learned Judicial Magistrate No .I, Kuzhithurai to expedite the hearing in Cr.M.P. No. 3194 of 2019 in C.C. NO. 261 of 2018 and pass orders on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar (CS-I) // True Copy // Sub Assistant Registrar(CS) aav To

1. The Judicial Magistrate No .I, Kuzhithurai

2. The Sub Inspector of Police Marthandam Police Station Kanyakumari District 3.The Additional Public Prosecutor Madurai Bench of Madras High Court +1 CC to M/s.G.PRABHU RAJADURAI, Advocate ( SR-87606[F] dated 19/09/2019 ) Crl.O.P.(MD) No.12973 of 2019 18.09.2019 KM/(30.09.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2