Crl.O.P.(MD) No.2410 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 29.02.2024
CORAM
THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP
CRL.O.P (MD) No.2410 of 2024
Manoj ...Petitioner
vs
The Inspector of Police,
Puthukadai Police Station,
Kanyakumari District.
Crime No.185 of 2021 ...Respondent
PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C,
praying, to direct the learned Judicial Magistrate No.2, Kuzhithurai to
dispose the case in STC.No.588 of 2022 on the file of the learned Judicial
Magistrate No.2, Kuzhithurai within a stipulated period that may be fixed
by this Court.
For Petitioner : Mr.S.Sivakumar
For Respondent : Mr.M.Veeranthiran
Government Advocate (Crl.side)
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Crl.O.P.(MD) No.2410 of 2024
O R D E R
The learned Counsel for the Petitioner submitted that the Petitioner is
the sole accused in S.T.C.No.588 of 2022. He seeks direction against the
learned Judicial Magistrate No.II, Kulithurai to dispose of the case in
STC.No.588 of 2022 pending on the file of the learned Judicial Magistrate
No.II, Kulithurai.
2.It is the further submission of the learned Counsel for the Petitioner
that the Petitioner had already completed B.E. in Electrical and Electronic
Engineering and also completed MBA., course. Since the case is pending
for such long time, the Petitioner is unable to apply for any job either in the
Government sector or in the Private sector.
3.The learned Government Advocate (Criminal Side), on instructions
of the Respondent, would submit that only there are 10 witnesses cited in
the charge sheet. The prosecution is ready to produce the witnesses.
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Crl.O.P.(MD) No.2410 of 2024
4.The learned Judicial Magistrate No.2, Kuzhithurai, has offered his
remarks to dispose of the case when the witnesses are made available by the
SHO of the Police Station concerned. As per the remarks offered by the
learned Judicial Magistrate No.2, Kuzhithurai, the case can be disposed of
within short time, if the SHO of the Police Station produces all the
witnesses.
5.The learned Judicial Magistrate No.2, Kuzhithurai, is directed to
summon the SHO of the Puthukadai Police Station and also the Assistant
Public Prosecutor attached to the Court and find out whether all the
witnesses can be examined within a week. The date and time of examination
of the witnesses shall be decided by the learned Judicial Magistrate No.2,
Kuzhithurai and not by the SHO of the Police Station. As Trial Judge, he
shall exercise his power and discretion to see that the witnesses are
produced as per the date mentioned in the summons and complete the
deposition of witnesses within a week from the date of commencement of
trial. The trial shall be concluded and the case shall be disposed of within a
month from the date to be fixed by the learned Judicial Magistrate No.2,
Kuzhithurai.
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Crl.O.P.(MD) No.2410 of 2024
With the above directions, this Criminal Original Petition is disposed
of.
Internet:Yes./No 29.02.2024
Index:Yes/No
mm
To
1.The Inspector of Police,
Puthukadai Police Station,
Kanyakumari District.
2.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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Crl.O.P.(MD) No.2410 of 2024
SATHI KUMAR SUKUMARA KURUP , J.
mm
CRL.O.P (MD) No.2410 of 2024
29.02.2024
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