S.Shyam v. U.Jayaraman

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.12.2022

CORAM

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR S.Shyam : Petitioner Vs.

U.Jayaraman : Respondent PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, to direct the Judicial Magistrate Court No.I, (Fast Track Court at Magisterial Level), Madurai to dispose the case in S.T.C.No.85 of 2017 within the time stipulated by this Court.

For Petitioner : Mr.K.Sudalaiyandi,

ORDER

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders to direct the Judicial Magistrate Court No.I, (Fast Track Court at Magisterial Level), Madurai to dispose the case in S.T.C.No. 85 of 2017 within the time stipulated by this Court. 1/4

2. In pursuance of the directions of this Court, the learned Judicial Magistrate No.I (FAC) Fast Track Court at Magisterial Level, Madurai, has sent a report dated 13.12.2022, wherein it has been stated that since NBW is pending against the accused, he surrendered voluntarily on 07.04.2022 and NBW was ordered to be recalled and the case stands posted for trial on 02.05.2022; that the complainant has not taken any steps to give evidence himself, that the case was posted for five hearings without any progress and that the case was posted for trial on 06.12.2022, but the complainant has not filed any proof affidavit and the case stands posted on 03.01.2023.

3. It is evident from the records that the above case is pending from 2017 for the past five years without any progress. Considering the pendency of the case i.e., for the past five years, the trial Court is directed to complete the trial and dispose of the case as expeditiously as possible preferably within a period of three months from the date of receipt of copy of this order.

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

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To The Judicial Magistrate Court No.I, (Fast Track Court at Magisterial Level), Madurai.

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K.MURALI SHANKAR, J.

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