IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 10.02.2017 CORAM THE HONOURABLE MR. JUSTICE R.MAHADEVAN Crl.O.P.No.2796 of 2017 A.K.Shamsudeen ... Petitioner Vs The State, by The Inspector of Police, G.3 Kilpauk Police Station, Chennai. ... Respondent Criminal Original Petition filed under Section 482 Cr.P.C. to direct the learned Chief Metropolitan Magistrate, Chennai, to dispose of petitioner's petition in Crl.M.P.No.6489 of 2015 within a time frame as may be fixed by this Court.
For Petitioner : Mr.K.Thiruvengadam For respondent : Mr.C.Emalias, Addl. Public Prosecutor ORDER The present criminal original petition has been filed seeking a direction to the learned Chief Metropolitan Magistrate, Chennai, to dispose of petitioner's petition in Crl.M.P.No.6489 of 2015 within a time frame as may be fixed by this Court.
2. It is the case of the petitioner that on 5.5.2010, he was arrested in connection with a case in C.C.No.1229 of 2006 pending on the file of the learned Judicial First Class Magistrate, Mhow, Indore District, Madhya Pradesh and later, he was released on interim bail on condition that the petitioner should execute a Bank Guarantee for Rs.3,00,000/- and he had also executed the same. Now, as per the compromise entered into between the petitioner and the de facto complainant, the petitioner paid a sum of Rs.6,00,000/- to the de facto complainant and based on the compromise, he was acquitted in C.C.No.1229 of 2006. Thereafter, the petitioner filed a petition in Crl.M.P.No.6489 of 2015 before the learned Chief Metropolitan Magistrate, Chennai, to refund the bank guarantee executed by him for a sum of Rs.3,00,000/-. However, till date, there is no progress in the said petition. Hence, seeking early disposal of the petition, the petitioner has come forward with the present petition.
3. Considering the facts and circumstances of the case, this Court directs the learned Chief Metropolitan Magistrate, Chennai, to dispose of the petition in Crl.M.P.No.6489 of 2015 pending on his file, as expeditiously as possible, preferably, within a period of six weeks from the date of receipt of a copy of this order. The Criminal Original Petition is disposed of accordingly.
10.02.2017 Index:Yes/No sbi To
1. The Chief Metropolitan Magistrate, Chennai
2. The Inspector of Police, G.3 Kilpauk Police Station, Chennai.
3. The Public Prosecutor, High Court, Madras.
R.MAHADEVAN, J sbi Crl.O.P.No.2796 of 2017 DATED: 10.2.2017 http://www.judis.nic.in