Madras High CourtCRL OP(MD)/17867/2024disposed of

J.Sureshkumar v. The State Of Tamil Nadu

2024-10-19Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.10.2024

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR J.Sureshkumar : Petitioner Vs.

1.State of Tamil Nadu rep.by The Inspector of Police, Manavalakurichy Police Station, Crime No.100 of 2022.

2.A.Ajai Jades 3.J.Amaladhason : Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the learned Judicial Magistrate, Eraniel for speedy disposal of the case in C.C.No.28 of 2023 by framing a time limit. For Petitioner : Mr.John Jayakumar For Respondents : Mr.K.Sanjai Gandhi, Government Advocate (Criminal Side) for R1.

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ORDER

This Criminal Original Petition has been filed, invoking Section 528 of BNSS, seeking orders, to direct the learned Judicial Magistrate, Eraniel for speedy disposal of the case in C.C.No.28 of 2023 by framing a time limit.

2. On the basis of the complaint given by the petitioner, FIR came to be registered in Crime No.100 of 2022 for the alleged offence under Sections 448, 294(b), 323 and 506(i) IPC and after completing the investigation, final report came to be filed and the case was taken on file in C.C.No.28 of 2023 and the same is pending on the file of the learned Judicial Magistrate, Eraniel.

3. Heard the learned counsel for the petitioner and the learned Government Advocate (Criminal Side) appearing for the State.

4. The main contention of the petitioner is that though the case is pending for the past one year, the first respondent police has not taken effective steps to serve summons on the accused and is being adjourned again and again.

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5.Considering the above, the learned Judicial Magistrate, Eraniel, is directed to issue summons to the first respondent within a period of one week from the date of receipt of copy of this order and the first respondent police is directed to take necessary steps to serve the summons to the accused within a period of two weeks thereafter.

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

19.10.2024 NCC : Yes/No Index : Yes / No Internet : Yes / No das To 1.The Judicial Magistrate, Eraniel.

2. The Inspector of Police, Manavalakurichy Police Station, 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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K.MURALI SHANKAR,J.

das Order made in Dated: 19.10.2024 4/4