Pandiyammal v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.09.2022

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP CRL.O.P (MD) No.16855 of 2022 Pandiyammal

...Petitioner

vs The State represented by The Inspector of Police S.S.Colony Police Station, Madurai City

...Respondent

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned Judicial Magistrate No.V, Madurai to expedite the trial within a stipulated time in C.C. No.842 of 2019 For Petitioner : Mr.P.Chandrasekar For Respondent : Mr.R.Meenakshi Sundaram Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to direct the learned Judicial Magistrate No.V, Madurai to expedite the trial within a stipulated time in C.C. No.842 of 2019.

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2. The learned Counsel for the Petitioner would submit that the Petitioner is the defacto complainant. He seeks direction to the learned Judicial Magistrate No.V, Madurai, for early disposal of the case in C.C.No. 842 of 2019.

3. The learned Additional Public Prosecutor would submit that in this case, the accused is an Australian Citizen and therefore, the police is unable to secure the accused.

4. It is the submission of the learned Counsel for the Petitioner that based on the complaint given by the Petitioner herein, the police had registered a case. The case was investigated. The accused herein had interfered and created problems in the police station, based on which, the First Information Report was registered.

5. If the submission of the learned Additional Public Prosecutor is accepted, the respondent police through the Superintendent of Police has to initiate action through Indian Embassy to secure the accused. They can also 2/5

get appropriate order to issue red criminal alert by obtaining order from the Magistrate concerned. The Station House Officer, S.S.Colony Police Station is directed to proceed accordingly.

6. The learned Judicial Magistrate No.V, Madurai, is directed to take steps to secure the accused from the foreign country through Indian Mission abroad by invoking the powers under the Code of Criminal Procedure through the Superintendent of Police through the Ministry of External Affairs.

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

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To

1. The Inspector of Police S.S.Colony Police Station, Madurai City 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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SATHI KUMAR SUKUMARA KURUP , J.

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