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Madras High Court

S.Anthony Muthu vs The Sub-Inspector Of Police on 8 November, 2018

Author: A.D.Jagadish Chandira

Bench: A.D.Jagadish Chandira

                                                     1

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                           DATED : 08.11.2018

                                                 CORAM:

                      THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA

                                     Crl.O.P.(MD).No.20002 of 2018

               S.Anthony Muthu                                             ...Petitioner


                                                     Vs.

               The Sub-Inspector of Police,
               Colachel Police Station,
               Kanyakumari District.
               (Crime No.13/2013)                                          ...Respondent

               PRAYER: Criminal Original Petition filed under Section 482 of the
               Cr.P.C., to direct the District Munsif cum Judicial Magistrate, Eraniel,
               Kanyakumari District to dispose of C.C.No.281 of 2015 within a time, as
               stipulated by this Court.


                                    For Petitioner       :Mr.C.T.Perumal

                                    For Respondent       :Mr.R.Anandhraj
                                                           Additional Public Prosecutor


                                                ORDER

This criminal original petition has been filed to direct the learned District Munsif cum Judicial Magistrate, Eraniel, Kanyakumari District to dispose of C.C.No.281 of 2015 within a time as stipulated by this Court.

http://www.judis.nic.in 2

2.The learned counsel for the petitioner would submit that the respondent police has registered a case against the petitioner in crime No.13 of 2013 for the offence punishable under Sections 117, 294(b), 506(i) IPC and Section 4 of TNPWH Act, on 13.01.2013. It is the further contention of the learned counsel for the petitioner that the respondent police without investigating the case properly, has filed charge sheet on 27.08.2015 and the learned Principal Munsif Cum Judicial Magistrate, Eraniel, Kanyakumari District has taken cognizance of the case in C.C.No. 281 of 2015. He would submit that the matter is periodically adjourned without any progress. He would further submit that it is the right of the accused to have a speedy trial, whereas the case has been repeatedly adjourned for production of witnesses.

3.The learned Additional Public Prosecutor appearing for the respondent would submit that now the case has been posted on 27.02.2019 for appearance of L.W.1 to L.W.5.

4.Since the matter has been posted for trial, the learned Principal Munsif Cum Judicial Magistrate, Eraniel, Kanyakumari District is directed to proceed with the trial and complete the same within a period of three months from 27.02.2019.

http://www.judis.nic.in 3

5.With the above observation this Criminal Original Petition is closed.





                                                                       08.11.2018
               Index        : Yes / No
               Internet     : Yes / No

               ta

               To

1.The Principal Munsif Cum Judicial Magistrate, Eraniel, Kanyakumari District

2.The Sub-Inspector of Police, Colachel Police Station, Kanyakumari District.

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

http://www.judis.nic.in 4 A.D.JAGADISH CHANDIRA,J.

ta Crl.O.P.(MD).No.20002 of 2018 08.11.2018 http://www.judis.nic.in