IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 20.03.2017 CORAM THE HONOURABLE MR. JUSTICE R.MAHADEVAN Crl.O.P.No.5057 of 2017 S.David ... Petitioner Vs
1. The Inspector of Police (Crime) V-5, Thirumangalam Police Station, Thirumangalam, Chennai – 600 101.
2. Ousef Freddy
3. George Dass Moolayil ... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. to direct the X Metropolitan Magistrate to dispose of the matter i.e., Crime No.1951 of 2011 and CC No.4491 of 2013 pending on the file of X Metropolitan Magistrate Court, Egmore, Chennai-8 within a period of six months.
For Petitioner : Mr.K.Kannan For R1 : Mr.C.Emalias, APP ORDER This Criminal Original Petition has been filed seeking a direction to the learned X Metropolitan Magistrate, Egmore, Chennai-8, to dispose of the criminal proceedings in CC No.4491 of 2013 pending on his file, within a period of six months.
2. The case of the petitioner is that as against the respondents 2 and 3, he has lodged a complaint with the first respondent police and the same was registered as FIR in Crime No.1951 of 2011 for the offences punishable under Sections 420 and 406 IPC. After completion of investigation, charge sheet was filed before the learned X Metropolitan Magistrate, Egmore, Chennai and the same was taken on file as CC No.4491 of 2013. Though summons were served on the respondents 2 and 3, they are adopting all sorts of delay tactics to protract the proceedings. Hence, this petition.
3. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor, who took notice for the first respondent.
4. Having considered the facts and circumstances of the case, this Court directs the learned X Metropolitan Magistrate, Egmore, Chennai to complete the trial and dispose of the criminal proceedings in CC No.4491 of 2013 pending on his file, on merits and in accordance with law, as expeditiously as possible, preferably, within a period of six months from the date of receipt of a copy of this order.
5. Accordingly, the Criminal Original Petition is ordered.
20.03.2017 Index:Yes/No rk To
1. The X Metropolitan Magistrate, Egmore, Chennai.
2. The Inspector of Police (Crime), V-5, Thirumangalam Police Station, Thirumangalam, Chennai – 600 101.
3. The Public Prosecutor, High Court, Madras.
R.MAHADEVAN, J.
rk Crl.O.P.No.5057 of 2017 DATED: 20.03.2017 CRL. O.P. No.5057 of 2017
M.S.RAMESH, J.
This petition is listed today under the caption 'For Extension of Time".
2. Earlier this court vide order dated 20.03.2017 in the above Criminal Original Petition had directed the learned X Metropolitan Magistrate, Egmore, Chennai, to dispose of the C.C.No.4491 of 2013, within a period of six months from the date of receipt of copy of the order. However, learned Magistrate had expressed certain difficulties in disposing of the case within the time stipulated by this Court and had sought for further time.
3. In view of the same, the learned X Metropolitan Magistrate, Egmore, Chennai, is granted further three months time from the date of receipt of a copy of this order to dispose of C.C.No.4491 of 2013.
gv M.S.RAMESH, J.
gv CRL. O.P. No.5057 of 2017