IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 06.02.2017 CORAM THE HONOURABLE MR. JUSTICE V.BHARATHIDASAN Crl.O.P.No.2383 of 2017 R.Sathyavel ... Petitioner Vs
1. Mr.Venkatesan, VAO, Machanur Village & Post, Katpadi Taluk, Vellore District.
2. Smt.Elizabeth, BDO, K.V.Kuppam Panchayat Union, K.V.Kuppam, Katpadi Taluk, Vellore District.
3. Mr.Vaikundam, Ex.Panchayat Clerk, Machanur Panchayat, Katpadi Taluk, Vellore District.
4. Smt.Vijaya, President in charge, Machanur Panchayat, Katpadi Taluk, Vellore District.
5. Mr.Kanniappan, Machanur Village & Post, Katpadi Taluk, Vellore District.
6. Mr.Munuusamy, Village Assistant, Officer of VAO, Machanur, Vellore District. ... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. to direct the Judicial Magistrate,Gudiyatham, Vellore District to dispose the Crl.M.P.No.6242 of 2016 filed by theh petitioner on merits within a stipulated time frame fixed by this Court.
For Petitioner : Mr.S.P.Arthi For respondents : Mr.C.Emalias, Addl.Public Prosecutor ORDER The present criminal original petition has been filed seeking a direction to the learned Judicial Magistrate, Gudiyatham, Vellore District to dispose the Crl.M.P.No.6242 of 2016 within a stipulated time.
2. It is the case of the petitioner that he has filed a private complaint against the respondents before the Judicial Magistrate, Katpadi and the Judicial Magistrate has also taken sworn statement of the petitioner. Thereafter, the private complaint has been transferred to the Judicial Magistrate, Gudiyatham for want of jurisdiction on 04.10.2016 and the same is pending and the complaint has not been considered by the learned Judicial Magistrate, Gudiyattam. Hence, this petition.
3. I have heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor and perused the entire materials available on record.
4. Considering the facts and circumstances of the case, since the private complaint is pending from October 2016, this Court directs the learned Judicial Magistrate, Gudiyattam, to consider the private complaint and pass orders on merits, as expeditiously as possible, preferably, within a period of three months from the date of receipt of a copy of this order. The criminal original petition is ordered accordingly.
06.02.2017 Index:Yes/No mrp To
1. The Judicial Magistrate, Gudiyattam.
2. The Public Prosecutor, High Court, Madras.
V.BHARATHIDASAN, J., mrp Crl.O.P.No.2383 of 2017 DATED: 06.02.2017 http://www.judis.nic.in