Abdul Jabbar v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Criminal Original Jurisdiction Tuesday, the Twelfth day of December Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice K.K. RAMAKRISHNAN in CRL OP(MD) No.5664 of 2019 Abdul Jabbar ... Petitioner/Petitioner Vs The Inspector of Police District Crime Branch Dindigul District.
... Respondent/Respondent Prayer in CRL MP(MD). No.16177 of 2023 Criminal Miscellaneous Petition filed under section 482 of cr.p.c To issue a direction to the learned Judicial Magistrate No.II Dindigul To comply the order of this Honourable Court made in the above crl.O.P.(MD).No.5664/2019 dt 16.4.2019 and for other reliefs and pass such other orders as this Honourable Court Prayer in CRL OP(MD). 5664/ 2019 :
Criminal Original Petition filed under section 482 of cr.p.c To direct the learned Judicial Magistrate No.II, Dindigul to expedite the disposal of the Criminal Case in C.C.No.345 of 2018 registered in Crime No.26 of 2017 for offences U/s.120 (b) 406,420,294 (b) and 506 (I) I.P.C with the time stipulated by this Honourable Court 1/5
ORDER:- This Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.J.Lawrance Advocate for the Petitioner and of Mr.P.Kottaichamy Government Advocate (Crl.side ) for the Respondent, this Court made the following order: This Criminal Miscellaneous Petition has been filed to issue a direction to the learned Judicial Magistrate No-II, Dindigul to comply the order of this Court made in Crl.O.P.(MD).No.5664 of 2019 dated 16.04.2019.
2. In earlier occasion, the petitioner has approached this Court and this Court passed the following order:
This petition has been filed for a direction to the Judicial Magistrate-II, Dindigul to expedite the disposal of C.C.No.345 of 2018.
2.The learned counsel for the petitioner submits that the charge sheet was filed in C.C.No.345 of 2018, on the file of the learned Judicial Magistrate No-II, Dindigul, before six months itself. However, the trial has not yet commenced. Therefore, the learned counsel prays for a speedy disposal of the same. Taking into account the 2/5
fact that the Crime number is of the year 2013 and the charge sheet was filed in C.C.No.345 of 2018 before six months, there will be a direction to the Court below to dispose of the C.C.No.345 of 2018 within a period of nine months from the date of receipt of a copy of this order.
In spite of the order passed by this Court in Crl.O.P.(MD).No.5664 of 2019 dated 16.04.2019, the trial has not yet been completed. Therefore, this Court called for the report from the Presiding Officer of the concerned Court. The learned Judicial Magistrate No-II, Dindigul, sent an explanation letter dated 22.11.2023, pursuant to the order of this Court.
3. Being satisfied with the reasons assigned by the learned Judicial Magistrate No-II, Dindigul, this Court is inclined to issue a direction to dispose the case in C.C.No.345 of 2018, within a period of nine months from the date of receipt of a copy of this order. If the same was not complied with within a period of nine months, the petitioner is at liberty to file a fresh petition. 3/5
4. In view of the aforesaid direction, this Criminal Miscellaneous Petition stands allowed.
Sd/- Assistant Registrar (CS-I) // True Copy // /02/2024 Sub Assistant Registrar (CS - I / II / III/ IV) TO
1. The Judicial Magistrate No.II, Dindigul
2. The Inspector of Police District Crime Branch Dindigul District.
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai Copy to:
The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai 4/5
ORDER DATED : 12/12/2023 ==========================
ORDER
========================== in CRL OP(MD) No.5664 of 2019 Giving direction and etc.
as stated within.
DL/(19.02.2024)/ 5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 5/5