P.Jeyaraj v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.08.2023
CORAM:
THE HONOURABLE DR.JUSTICE D.NAGARJUN Crl.O.P.(MD) No.14006 of 2023 P.Jeyaraja ... Petitioner Vs.
The State rep.by its The Inspector of Police, District Crime Branch, Dindigul District.
Crime No.11 of 2011 ..Respondent PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned Judicial Magistrate No.II, Dindigul, to expedite the trial of the case in C.C.No.81 of 2016 within a time frame as stipulated by this Court.
For Petitioner : Mr.V.Sriram For Respondent : Mr.B.Thanga Aravindh Government Advocate (Crl.Side) 1/4
O RDER This Criminal Original Petition is filed seeking for expeditious disposal of C.C.No.81 of 2016 on the file of the learned Judicial Magistrate No.II, Dindigul, for the offence punishable under Sections 34, 420, 417, 418, 419, 465 and 468 of IPC.
2. It is submitted by the learned counsel appearing for the petitioner/defacto complainant that on a complaint given by the petitioner, a case has been registered against the accused persons in the year 2011 and not being satisfied with the investigation, the petitioner is stated to have filed a petition in the year 2016 seeking for a direction for further investigation. The said petition was allowed, however, an additional charge sheet was not filed. Therefore, the petitioner has approached this Court by way of filing a petition in Crl.O.P(MD).No.13365 of 2020, on which, a direction was given to the respondents Police to expedite the investigation. Subsequently, the respondents Police are stated to have filed an additional charge sheet. However, it is submitted that in the meanwhile, A2 died and the matter is adjourned from time to time for filing the Death Certificate of the accused No.2 and thereby, the trial is not being progressed. 2/4
3. The learned Government Advocate (criminal side) appearing for the official respondent, on the other hand, submits that on 02.08.2023, the respondents Police have filed the Death Certificate of the accused No.2 before the trial Court. Since all the obstructions have been cleared, a suitable direction to the learned Judicial Magistrate No.II, Dindigul, can be given.
4. In view of the above, this Criminal Original Petition is disposed of directing the learned Judicial Magistrate No.II, Dindigul to dispose of C.C.No.81 of 2016 as expeditiously as possible not later than six months from the date of receipt of a copy of this order. Index : Yes/No 08.08.2023 Internet : Yes/No ssb To 1.The Judicial Magistrate No.II, Dindigul 2.The Inspector of Police, District Crime Branch, Dindigul District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 3/4
DR.D.NAGARJUN. J.
ssb 08.08.2023 4/4