Single judge order where the petitioner challenged the inaction and order of a Judicial Magistrate regarding a protest petition. The High Court directed the Magistrate to dispose of the matter within one month and dismissed the original petition.
Directing the learned Judicial Magistrate to dispose of Crl.M.P.No.1608 of 2018 within one month.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Crl.O.P.(MD)No.4742 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.03.2021 CORAM : THE HONOURABLE Mrs. JUSTICE R. HEMALATHA Crl.O.P.(MD)No.4742 of 2021
Jeeva
...Petitioner/Defacto Complainant /Vs./
1.The Inspector of Police, All Women Police Station, Thiruvadanai. (Crime No.11 of 2015) 2.Ravichandren 3.Chithradevi 4.Radhakrishnan ...Respondents/Proposed Accused
Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to dispose of the protest petition filed by the petitioner in Crime No.11 of 2015 on the file of the learned Judicial Magistrate Court, Thiruvadanai, Ramanathapuram District in Crl.M.P.No.1608 of 2018 , within the time stipulated by this Court.
For Petitioner : Mr.S.M.A.Jinnah For R1 : Mr.A.Robinson
Government Advocate (Criminal side)
ORDER
The main grievance of the petitioner is that though he filed a protest petition in Crime No.11 of 2015 before the learned Judicial Magistrate, Thiruvadanai, Ramanathapuram District in Crl.M.P.No.1608 of 2018, the learned Judicial Magistrate did not proceed further. His further contention is that though the petitioner filed a copy application seeking to grant an extract of B-diary, the learned Judicial Magistrate returned the said petition stating that B-diary extract cannot be given to the petitioner.
2.Mr.A.Robinson, learned Government Advocate (Criminal side) accepts notice on behalf of the first respondent.
3.It is not known as to why the copy application filed by the present petitioner was returned by the Magistrate. No reason has also been assigned in the orders passed by the Judicial Magistrate.
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Crl.O.P.(MD)No.4742 of 2021
In the circumstances, the learned Judicial Magistrate, Thiruvadanai, Ramanathapuram District is directed to dispose of Crl.M.P.No.1608 of 2018 within a period of one month from the date of receipt of a copy of this order/uploading of the order.
5.With the above observation, the Criminal Original Petition is disposed of.
Assistant Registrar (Records)
// True Copy //
/ /2021 Sub Assistant Registrar(CS)
rmk
Note In view of the present lock down owing : to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To
1.The Judicial Magistrate, Thiruvadani, Ramanathapuram District.
2.The Inspector of Police, All Women Police Station, Thiruvadanai.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Copy to:
The Registrar(Judicial), Madurai Bench of Madras High Court, Madurai.
Crl.O.P.(MD)No.4742 of 2021 29.03.2021
AC(CO)
KK(30.03.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/
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1 issue framed by the court
Whether the learned Judicial Magistrate should be directed to proceed further in the pending criminal miscellaneous petition.
1 provisions across 1 enactments
Jeeva
The Inspector of Police, All Women Police Station, Thiruvadanai
Ravichandren
Chithradevi
Radhakrishnan
Mrs. Justice R. Hemalatha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
