D.Chinnamani v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.01.2023

CORAM:

THE HONOURABLE MR. JUSTICE K.MURALI SHANKAR D.Chinnamani, : Petitioner Vs State through

1. The Inspector of Police, Melur Police Station, Crime No.599/2017.

2. M.Balamurugan, : Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying this Court to expedite in C.C.No.224 of 2021, on the file of the learned Judicial Magistrate, Melur, Within Stipulated time. 1/5

For Petitioner : Mr.J.Gunaseelanmuthiah For R1 : Mr.R.Sivakumar Government Advocate (Crl.Side)

ORDER

This criminal original petition has been filed seeking a direction to expedite in C.C.No.224 of 2021, on the file of the learned Judicial Magistrate, Melur.

2. Since the petition is filed for early disposal of the case, issuance of notice to the second respondent is not necessary.

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 petitioner, FIR came to be registered in Crime No.599 of 2017 and that the first respondent, after completing the investigation, has laid the final report before the learned Judicial Magistrate, Melur and the same was taken on file in C.C.No.224 of 2021.

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5. The learned counsel appearing for the petitioner would submit that the case is pending at the stage of issuance of service.

6. The main contention of the petitioner is that though FIR was registered in the year 2017, the charge sheet has been filed in the year 2021. 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.

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

04.01.2023 NCC:Yes/No Index:Yes/No Internet:Yes/No lr To

1. The Judicial Magistrate, Melur.

2.The Inspector of Police, Melur Police Station,

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

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K.MURALI SHANKAR , J.

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