Disposed

A.Saibunnisa v. the Deputy Superintendent

Madras HC7 Jun 2013CRL OP(MD)/4201/2013

Case brief

AI extract

What is this about?

A single judge of the Madras High Court disposed of a Criminal Original Petition seeking direction to split a criminal case regarding murdered family members and commit it to the Sessions Court due to absconding accused and a request from the investigating officer.

What did the court decide?

This Criminal Original Petition is disposed of with a direction to the Judicial Magistrate to consider the petition for splitting the case and to commit P.R.C.No.9 of 2011 to the Sessions Court for ea

A.Saibunnisa Vs the Deputy Superintendent — Civil Procedure and Limitation | Madras HC (2013)

¶1

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶3

DATED: 07.06.2013

¶4

CORAM

¶5

THE HONOURABLE Ms. JUSTICE R.MALA

¶6

Crl.O.P.(MD)NO.4201 of 2013

¶7

A.Saibunnisa

¶8

Versus

¶9

The Deputy Superintendent of Police, C.B.C.I.D., Madurai.

¶10

... Respondent

¶11

PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure praying to direct the learned Judicial Magistrate No.II, Ramanathapuram, to split up the criminal cases registered in Crime No.500 of 2010 which is now investigated by the respondent police and taken on file in P.R.C.No.9 of 2013 and to commence the committal proceedings before the competent court and to have full fledged trial within the stipulated time fixed by this Court.

¶12

For Petitioners : Mr.Veera Kathiravan

¶13

For Respondent : Mr.P.Kandasamy, Government Advocate (Crl. Side)

¶14

O R D E R

¶15

This petition is filed seeking for a direction, directing the learned Judicial Magistrate No.II, Ramanathapuram, to split up the criminal cases registered in Crime No.500 of 2010 which is now investigated by the respondent police and taken on file in P.R.C.No.9 of 2013 and to commence the committal proceedings before the competent court and for trial.

¶16

The learned counsel appearing for the petitioner would submit that the petitioner's daughter Adila Banu married one Muthusamy and she blessed with two children. The alleged missing of the daughter and grand children of the petitioner has been taken place on 08.11.2010 and a case has been registered in Crime No.500 of 2010. After two days, their bodies were found and investigation has been completed and a charge sheet has been filed, which was taken on file as P.R.C.No.9 of 2011 on the file the Judicial Magistrate No.II, Ramanathapuram. Because of the non appearance of three absconding accused, the case is yet to be committed to the Sessions Court. Hence, the petitioner come forward with this application for the above said direction.

¶17

The learned Government Advocate (Criminal side) has filed a status https://hcservices.ecourts.gov.in/hcservices/ report stating that after investigation they filed charge sheet and they have also filed an application before the learned Judicial Magistrate No.II, Ramanathapuram for split up the case and he leave the matter for Court discretion.

¶18

¶19

Considering the rival submissions made on both sides and on

¶20

perusal of record and the petitioners daughter and grand children were missing and on that basis the case has been registered in Crime No.500 of 2010 and after that, their bodies were found and after investigation, charge sheet has been filed, which was taken as P.R.C.No.9 of 2011; and the charge sheet has been filed against 13 accused; except three accused, others were appeared and because of the non appearance of three accused, the case was not committed to Sessions Court; further more, the Investigating Officer also filed an application for split up the case. Hence, this is a fit case for giving direction to the Judicial Magistrate No.II, Ramanathapuram to consider the petition for split up the case and pass appropriate orders and committed the P.R.C.No.9 of 2011 to the Sessions Court for early disposal.

¶21

With the above direction, this Criminal Original Petition is

¶22

disposed of.

¶23

Sd/Deputy Registrar /True Copy/

¶24

Assistant Registrar

¶25

¶26

The Deputy Superintendent of Police, C.B.C.I.D., Madurai. 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

¶27

The Judicial Magistrate No.II, Ramanathapuram.

¶28

DO Thro The Chief Judicial Magistrate, Madurai. +1cc to Mr. Veera Kathiravan Advocate SR.No. 29802.

¶29

TS/13.06.2013/2P-6C

¶30

Crl.O.P.(MD)NO.4201 of 2013

¶31

07.06.2013.

¶32

https://hcservices.ecourts.gov.in/hcservices/

A.Saibunnisa v. the Deputy Superintendent

Case brief

What is this about?

What did the court decide?

A.Saibunnisa v. the Deputy Superintendent

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Avudaiyappan Vs Kalyani

C.Thirukannan Vs the Inspector of Police

Narayanan Vs the Inspector of Police

B.Radhakrishnan Vs the Inspector of Police

B.Suriyanarayanan, Vs the Superintendent of Police

Ajmalkhan Vs Inspector of Police