Jeevagan v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.12.2022

CORAM:

THE HONOURABLE MR. JUSTICE K.MURALI SHANKAR

1. Jeevagan,

2. Vidhya,

3. Muthuvijayaram,

4. Baskar, : Petitioners Vs The State represented by The Sub Inspector of Police, Silaiman Police Station, Madurai District.

Crime No.367 of 2021 : Respondent PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying this Court to direct the learned Judicial Magistrate No.II, Madurai, to dispose of the case in C.C.No.546 of 2022, within a time limit fixed by this Court. For Petitioners : Mr.R.Venkateswaran For R1 : Mr.R.Sivakumar Government Advocate (Crl.Side) 1/5

ORDER

This criminal original petition has been filed seeking a direction to the learned Judicial Magistrate No.II, Madurai, to dispose of the case in C.C.No. 546 of 2022.

2. Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl.Side) appearing for the respondent.

3. It is evident from the records that on the basis of the complaint lodged by the defacto complainant, FIR came to be registered in Crime No. 367 of 2021 and that the respondent police, after completing the investigation, has laid the final report before the learned Judicial Magistrate No.II, Madurai and the same was taken on file in C.C.No.546 of 2022.

4. The learned counsel appearing for the petitioners would submit that the case stands posted for examination of witnesses and that no witness was brought for examination by the Prosecution in the last two hearings.

5. The main contention of the petitioners is that FIR was registered in the year 2021. But the fact remains that, the charge sheet has been filed in the 2/5

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 petitioners 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 petitioners are 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.

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

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To 1.The Judicial Magistrate No.II, Madurai.

2.The Sub Inspector of Police, Silaiman Police Station, Madurai District.

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

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K.MURALI SHANKAR , J.

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