Madras High CourtCRL OP(MD)/15537/2020disposed of

M.Malathy v. The Inspector Of Police

2020-12-23Honourable Mrs Justice J. Nisha Banu3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.12.2020

CORAM:

THE HONOURABLE MRS. JUSTICE J.NISHA BANU M.Malathy ....Petitioner/Defacto Complainant -Vs1.State represented by The Inspector of Police Anti Land Grabbing Special Cell Madurai, Madurai District ...1st Respondent/Complainant 2.J.Siriyapushpam 3.Rajeshwari 4.K.Regan 5.K.Robert 6.Kalyanaramachandran

...Respondents 2 to 6/

Accused Nos. 1 to 5 PRAYER:This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to direct the learned Judicial Magistrate, Melur to complete the trial in C.C.No.41 of 2019 within a time stipulated as fixed by this Court. For Petitioner : Mr.N.Ilango For R1 : Mr.V.Neelakandan Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to direct the learned Judicial Magistrate, Melur to complete the trial in C.C.No.41 of 2019 within a time stipulated as fixed by this Court. 2.The learned counsel appearing for the petitioner reiterated the contentions set out in the original petition. Further, the learned counsel brought to the notice of this Court that in the earlier occasion, this Court by an order dated 04.12.2018 in Crl.O.P(MD).No.20311 of 2018, directed the learned Judicial Magistrate, Melur to conduct the trial as expeditiously as possible. But, till now, the case is not disposed of. Hence, 1/3

the petitioner has come foward with the present petition to complete the trial within the stipulated time as fixed by this Court.

3.Heard the learned counsel for the petitioner. Since this criminal original petition is filed for speedy disposal of the case, notice to the respondents 2 to 6 is not necessary.

4. The case of the petitioner is that the petitioner lodged a complaint on 16.05.2012 and F.I.R came to be registered in Crime No.94 of 2013 and charge sheet was filed on 23.12.2016 before the learned Special Judicial Magistrate, Special Court for the Exclusive Trial in Land Grabbing Cases, Madurai. Since the petitioner is agitating for his redressal from 2012 onwards, he filed a case in Crl.O.P(MD).No.20311 of 2018 and this Court by an order dated 04.12.2018 directing the learned Special Judicial Magistrate, Madurai that the case in C.C.No.3 of 2017 shall be transferred to the file of the learned Judicial Magistrate, Melur and to conduct the trial as expeditiously as possible. The case was numbered as C.C.No.41 of 2019. Till today, no order has been passed.

5.Considering the facts and circumstances of the case, the learned Judicial Magistrate, Melur is directed to complete the trial in C.C.No.41 of 2019 within a period of six months from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS) msa 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.

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To 1.The Judicial Magistrate Melur.

2.The Inspector of Police Anti Land Grabbing Special Cell Madurai, Madurai District 3.The Additional Public Prosecutor Madurai Bench of Madras High Court Madurai.

+1 cc to Mr.N.Ilango , Advocate SR.No.27090 23.12.2020 KM (18.01.2021) 3P 5C 3/3