Madras High CourtCRL OP(MD)/16641/2022disposed of

N.Appukuttan v. The Inspector Of Police

2022-09-29Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.09.2022 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN N.Appukuttan ... Petitioner Vs.

The State of Tamil Nadu, Rep by the Inspector of Police, Traffic Investigation Wing, Nagercoil.

... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned Judicial Magistrate No.III, Nagercoil, to dispose of the case in C.C.No.436 of 2019 within a stipulated time that may be fixed by this Court.

For Petitioner : Mr.V.Balaji Rajaram For Respondent : Mr.B.Nambi Selvan Additional Public Prosecutor

ORDER

This petition has been filed seeking a direction to the learned III Judicial Magistrate, Nagercoil to dispose of the case in C.C.No.436 of 2019 within the time to be stipulated by this Court. 1/4

2.The grievance of the petitioner is that the petitioner is the driver by profession in the Tamil Nadu State Transport Corporation. Because of the pendency of the criminal case, in which he is an accused, registered for the offence punishable under Sections 279 and 304(A) IPC, he is not in a position to seek leave frequently to appear before the Court. He would further submit that the final report in this case was also filed even in the year 2019. Hence, the present petition has been filed. 3.The learned Additional Public Prosecutor appearing for the respondent police would submit that only one witness had been examined and the next date of hearing is fixed on 19.10.2022. 4.Considering the difficulty expressed by the petitioner, this Court directs the learned Judicial Magistrate No.III, Nagercoil to expedite the trial process in C.C.No.436 of 2019 and complete the same, within a period of five months from the date of receipt of a copy of this order. 5.With the above direction, this Criminal Original Petition is disposed of.

29.09.2022 Index : Yes/No ta 2/4

To 1.The State of Tamil Nadu, Rep by the Inspector of Police, Traffic Investigation Wing, Nagercoil.

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

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G.ILANGOVAN, J., ta 29.09.2022 4/4