High Court disposed of a criminal original petition seeking speedy disposal of a pending criminal case. The Court directed the Magistrate to conclude the trial within eight weeks.
Directed the Principal District Munsif cum Judicial Magistrate, Ilayankudi to conclude the trial in CC No.44 of 2015 within eight weeks.
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.5571 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 15.07.2024
CORAM :
THE HON`BLE MR.JUSTICE B.PUGALENDHI
Crl.OP(MD)No.5571 of 2023
Gnanasoundari ... Petitioner Vs 1.Karunanithi 2.The Inspector of Police, Paramakudi Town Police Station, Ramanathapurram District. ...Respondents
(R2 is suo motu impleaded as per the order of this Court in Crl.OP(MD) No.5571 of 2023 by GIJ)
Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned Principal District Munsif cum Judicial Magistrate, Ilayankudi to expedite the trial and dispose of the case in CC No.44 of 2015, within the period that may be stipulated by this Court.
For Petitioner : Mr.K.Gokul For R2 : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor
O R D E R
The petitioner/ the complainant in CC No.44 of 2015, on the
file of the Principal District Munsif cum Judicial Magistrate, Ilayankudi has approached this Court, seeking speedy disposal of the the above case. https://www.mhc.tn.gov.in/judis
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Crl.O.P.(MD)No.5571 of 2023
2.The learned counsel for the petitioner submits that a Non
Bailable Warrant of arrest is pending as against the acccused.
3.Therefore, this Court suo motu impleaded the Inspector of
Police, Paramakudi Town Police Station, Ramanathapurram District as a party to this proceedings and directed the learned Additional Public Prosecutor to get instructions as to the pending NBW as against the accused.
4.The learned Additional Public Prosecutor appearing for the respondent police submits that as against the accused, a Non Bailable Warrant of arrest was issued on 28.07.2022 and the same was executed on 13.06.2023.According to him, the warrant was recalled on the appearance of the accused and thereafter, the accused is appearing. However, trial could not be proceeded on account of compromise arrived at between the parties.
5.In reply, the learned counsel appearing for the petitioner disputed the same and submits that no such compromise has been arrived https://www.mhc.tn.gov.in/judis at between the parties.
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Crl.O.P.(MD)No.5571 of 2023
6.The fact remains that the proceedings, which was initiated under Section 138 of NI Act is kept pending from the year 2015. Therefore, the learned Principal District Munsif cum Judicial Magistrate, Ilayankudi is directed to conclude the trial in CC No.44 of 2015 within a period of eight weeks from the date of receipt of a copy of this order.
7.With the above direction, this Criminal original petition is
disposed of.
15.07.2024
NCC : Yes/No Index : Yes/No vrn
To
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Crl.O.P.(MD)No.5571 of 2023
B.PUGALENDHI,J
vrn
Order made in Crl.OP(MD)No.5571 of 2023
15.07.2024
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2 issues framed by the court
Whether the undertrial prisoner should be granted relief for speedy disposal of criminal case CC No.44 of 2015.
Whether directions can be issued to the Magistrate to conclude the pending trial within a specific period.
1 provisions across 1 enactments
Gnanasoundari
Karunanithi
Inspector of Police, Paramakudi Town
B.PUGALENDHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
