IN THE HIGH COURT OF JUDICATURE AT MADRAS
Hon`ble Mr.Justice B.PUGALENDHI
Gananasoundari – Appellant
Versus
Karunanithi – Respondent
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.
2.The learned counsel for the petitioner submits that a Non Bailable Warrant of arrest is pending as against the acccused.
suo motu
3.Therefore, this Court 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 at between the parties.
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
1.The Principal District Munsif cum Judicial Magistrate, Ilayankudi.
2.The Inspector of Police, Paramakudi Town Police Station, Ramanathapurram District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
B.PUGALENDHI,J vrn Order made in Crl.OP(MD)No.5571 of 2023
15.07.2024
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