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Madras High CourtCRL OP(MD)/22870/2022disposed of

M.Punugukaruppu @ Chinnamuni v. The Inspector Of Police

2022-12-23Honourable Mr Justice K.Murali Shankar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.12.2022

CORAM:

THE HONOURABLE MR. JUSTICE K.MURALI SHANKAR and Crl.M.P.(MD) No.16183 of 2022 M.Punugukaruppu @ Chinnamuni, : Petitioner Vs

1. The Inspector of Police, Sedapatti Police Station, Madurai District (Crime No.242 of 2021).

2. Kaveri, : Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying this Court to call for the records relating to the proceedings in C.C.No.276 of 2022, on the file of learned District Munsif cum Judicial Magistrate, Peraiyur, Madurai District and quash the same as against the petitioner. 1/5

For Petitioner : Mr.M.Karunanithi For R1 : Mr.R.Sivakumar Government Advocate (Crl.Side)

ORDER

This criminal original petition has been filed seeking to quash the C.C.No.276 of 2022, on the file of learned District Munsif cum Judicial Magistrate, Peraiyur, Madurai District.

2.The learned Counsel appearing for the petitioner would submit that it would be suffice if the trial Court is directed to complete the trial in C.C.No. 276 of 2022, within a time stipulated by this Court, since the petitioner is going to attend examination on 05.01.2023, for Army Service.

3. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the first respondent.

4. It is evident from the records that on the basis of the complaint lodged by the second respondent, FIR came to be registered in Crime No.242 of 2021 and that the first respondent, after completing the investigation, has laid the final report before the learned District Munsif cum Judicial 2/5

Magistrate, Peraiyur, Madurai District and the same was taken on file in C.C.No.276 of 2022.

5. The main contention of the petitioner is that FIR was registered in the year 2021 and 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.

6. 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.

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7. With the above observation and direction, this Criminal Original Petition stands disposed of. Consequently, connected miscellaneous petition is closed.

23.12.2022 Internet:Yes Index:Yes/No Speaking/Non speaking order lr To 1.The District Munsif cum Judicial Magistrate, Peraiyur, Madurai District.

2. The Inspector of Police, Sedapatti Police Station, Madurai District

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

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K.MURALI SHANKAR , J.

lr 23.12.2022 5/5