Madras High CourtCRL OP(MD)/19100/2019disposed of

K. Kamalam v. The Inspector Of Police

2020-01-07Honourable Mr Justice A.D.Jagadish Chandira2 pages

Crl.O.P.(MD)No.19100 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.01.2020

CORAM:

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.(MD)No.19100 of 2019 K.Kamalam ... Petitioner Vs The State rep. By The Inspector of Police, District Crime Branch, Madurai District, Madurai.

... Respondent Prayer:Criminal Original Petition filed under Section 482 Cr.P.C., to expedite the trial in C.C.No.117 of 2014 on the file of the Judicial Magistrate Court No.I, Madurai and proceed as per law. For Petitioner : Mr.J.Sathiaraj For Respondent : Mrs.S.Bharathi, Government Advocate (Crl. Side)

ORDER

This petition has been filed to expedite the trial in C.C.No.117 of 2014 on the file of the Judicial Magistrate Court No.I, Madurai and proceed as per law.

2.The learned counsel appearing for the petitioner would submit that on the complaint given by the petitioner, a case in Crime No.71 of 2011 has been registered by the respondent police for the offence under Sections 120(B), 447, 457, 468, 471, 474 and 420 of IPC. He would further submit that after completion of investigation, Charge Sheet has been filed on 25.08.2014 and the same was taken on file in C.C.No.117 of 2014. Despite lapse of five years, the trial has not been commenced in this case and hence, the present petition is filed.

3.The learned Government Advocate (Crl. Side) would submit that totally there are five accused and 85 witnesses in this case. She would further submit that some of the accused have filed a petition in Cr.M.P.No.1799 of 2016 seeking discharge and the same is pending and thereby, the trial has not been commenced so far. He would further submit that now the case has been posted on 24.01.2020 for trial.

4.It is seen that the case has been registered in the year 2011. Though, charge sheet has been filed in the year 2014, it has not been disposed of so far.

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Crl.O.P.(MD)No.19100 of 2019 5.At this juncture, the learned Counsel appearing for the petitioner would seek a direction may be issued to the Judicial Magistrate Court No.I, Madurai to dispose Crl.M.P.No.1799 of 2016 at the earliest and thereafter complete the trial as expeditiously as possible.

6.In view of the same, a direction is issued to the Judicial Magistrate Court No.1, Madurai to dispose Cr.M.P.No.1799 of 2016 within a period of one month from 24.01.2020 and thereafter to complete the trial in C.C.No.117 of 2014 within a period of three months from the date of disposal of Cr.M.P.No.1799 of 2016. 7.With the above direction, this criminal original petition is disposed of.

Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS) Vsg To 1.The Judicial Magistrate Court No.I, Madurai.

2.The Inspector of Police, District Crime Branch, Madurai District, Madurai.

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

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