Marimuthu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.04.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Marimuthu ... Petitioner Vs.

The Inspector of Police, Thoothukudi North Police Station, Thoothukudi, Thoothukudi District.

Crime No.761 of 2020 ... Respondent PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned 1st Additional District Judge, Thoothukudi, to dispose of the case in SC No.99/2022 on the file of the 1st Additional District Court, Thoothukudi within a time fixed by this Court. For Petitioner : Mr.N.Pragalathan For Respondents : Mr.B.Nambiselvan Additional Public Prosecutor O R D E R This petition has been filed seeking direction to the learned 1st Additional District Judge, Thoothukudi, to dispose of the case in SC No. 99/2022 on the file of the 1st Additional District Court, Thoothukudi within a time fixed by this Court.

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2.The petitioner is the defacto complainant in Crime No.761 of 2020. The learned counsel for the petitioner would submit that though the final report has been filed and taken cognizance, the trial has not commenced till date. Hence, a report was called for from the learned I Additional District Judge, Thoothukudi as to the stage of the trial process in this case. A report has been submitted stating that the post of I Additional District Judge, Thoothukudi, is kept vacant from 22.05.2022 and the II Additional District Judge, Thoothukudi, is holding the additional charge and he has also went on leave from 01.04.2023 to 25.04.2023. Because of the vacancy of the Presiding Officer, it could not be taken up for hearing.

3.Considering the fact that the Court is kept vacant, let the trial process in S.C.No.99 of 2022 be transferred to the II Additional District Judge, Thoothukudi, immediately. So that he can take up the matter after. Let the above said trial process be completed by him within a period of six months from the date of joining of the concerned trial Judge. 4.With the above said directions, this criminal original petition is 2/4

disposed of.

24.04.2023 Index : Yes/No Internet : Yes/No TM To 1.The I Additional District Judge, Thoothukudi. 2.The II Additional District Judge, Thoothukudi. 3.The Inspector of Police, Thoothukudi North Police Station, Thoothukudi, Thoothukudi District.

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

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G.ILANGOVAN. J.

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