L.Ravi Kumar v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.12.2022

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR L.Ravi Kumar ... Petitioner Vs.

1.The State represented by The Sub Inspector of Police, South Police Station, Tuticorin, Tuticorin District.

(Crime No.105 of 2016) 2.Jeri Heison Robert 3.Sundarraj ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the learned Judicial Magistrate No.I, Thoothukudi for an expedite disposal of C.C.No.64 of 2022 within within the time stipulated by this Court.

For Petitioner : Mr.G.Anto Prince For R1 : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor 1/6

ORDER

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders to direct the learned Judicial Magistrate No.I, Thoothukudi to expedite the case in C.C.No.64 of 2022 and dispose of the same as expeditiously as possible within a time that may be stipulated by this Court.

2. Since the petition is filed for early disposal of the case, issuance of notice to the respondents 2 and 3 is not necessary.

3. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the first respondent.

4. It is evident from the records that on the basis of the complaint lodged by the petitioner, FIR came to be registered in Crime No.105 of 2016 and that the first respondent, after completing the investigation, has laid the final report before the learned Judicial Magistrate No.I, Thoothukudi and the same was taken on file in C.C.No.64 of 2022. 2/6

5. The learned counsel appearing for the petitioner would submit that the case is pending at the stage of issuance of summons to the accused persons and that they are adopting delaying tactics.

6. The main contention of the petitioner is that FIR was registered in the year 2016. But the fact remains that, the charge sheet has been filed in the year 2022. The High Court has already issued Circulars to the District Judiciary directing the Courts to give priority for the cases relating to the Senior Citizens, HIV affected persons, Defence personnel, women and children etc., The petitioner without approaching the trial Court has directly approached this Court. In the absence of total pending particulars and the work burden of that particular Court, this Court is not inclined to give any direction to dispose of the case within the specified period of time.

7. However, the trial Court is required to give priority to the cases, as per the Circulars of the High Court. The petitioner is at liberty to approach the trial Court and if such requisition for early disposal of the case is made, the learned trial Judge is directed to consider the same, in the light of the circulars issued by this Court. 3/6

8. With the above observation and direction, this Criminal Original Petition stands disposed of.

05.12.2022 Index :

Yes / No Internet :

Yes / No csm To 1.The Judicial Magistrate, Thiruchendur.

2.The Inspector of Police, Thiruchendur Police Station, Thoothukudi District.

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

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K.MURALI SHANKAR,J.

csm Order made in Dated: 05.12.2022 6/6