1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.02.2011 CORAM: THE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAH Crl.O.P.(MD)No.308 of 2011 R.Maheswaran ... Petitioner Vs. 1. State represented by Sub Inspector of Police, Aviyur Police Station, Virudhunagar District. 2. S.Ramuthayee 3. Thangavelu ... Respondents PRAYER: This Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, for a direction to the Judicial Magistrate No.II, Virudhunagar to expeditiously dispose of the case in C.C.No.139 of 2010. For Petitioner : M/s.G.R.Swaminathan For R1 : Mrs.S.Devasena Govt. Advocate (Crl.side) For R2 and R3 : Mr.V.Karthikeyan O R D E R This petition has been filed by the petitioner/de-facto complainant seeking for a direction against the learned Judicial Magistrate No.II, Virudhunagar to expeditiously dispose the case in C.C.No.139 of 2010 pending on his file. 2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) appearing for the first respondent and the learned counsel for the respondents 2 and 3. 3. The learned counsel for the petitioner would submit in his argument that the case in C.C.No.139 of 2010 was taken on file by the learned Judicial Magistrate No.II, Virudhunagar, on the investigation conducted by the first respondent police on the complaint registered in Crime No.48 of 2009 of the Aviyur Police Station. He would further submit that the dispute is pending between the parties from the year 2006 onwards and the complaint is of the year 2009 for the offences committed earlier. Therefore, he would request the Court that the case which was taken on file in C.C.No.139 of 2010 on the file of Judicial Magistrate No.II, Virudhunagar may be directed to be disposed within a time frame and in out of turn and thus, the petition may be ordered. https://hcservices.ecourts.gov.in/hcservices/ 2 4. The learned Government Advocate (Crl.side) would submit in her argument that the case was taken on file and it is pending for trial and in the mean time, the accused have filed a discharge petition and it is pending and only after the disposal of the discharge petition, the case taken on file in C.C.No.139 of 2010 can be disposed of, depending upon the orders passed in the discharge petition. However, she would submit in her argument that the State is always ready with the conduct of the case expeditiously and is ready to abide to the directions issued by this Court. 5. The learned counsel for the respondents 2 and 3 would submit in his argument that the respondents 2 and 3 are figuring as A1 and A2 in this case and they have filed the discharge petition and it is pending before the Court and there is a liklihood of discharging the respondents 2 and 3 and therefore, there is no direction is necessitated for an expeditious disposal of the case. He would further submit that they are also ready to co-operate with the Court, if the discharge petition is taken on earlier point of time. 6. Considering the submissions made by all the sides, this Court could see that the case is taken on file in C.C.No.139 of 2010 on the file of the Judicial Magistrate No.II, Virudhunagar and it is pending for trial. In the mean time, the respondents 2 and 3/A1 and A2 have filed a discharge petition and it is pending before the said Court. In the said circumstances, this Court cannot straight away pass an order for expeditious disposal. Considering the fact that the case is of the year 2010 and the cause of action had arisen even prior to 2009, this Court is of the view to issue a direction to the lower Court for an expeditious trial. However, a discharge petition is pending. Therefore, this Court is inclined to pass a direction to the lower Court to dispose the discharge petition within a period of one month from the date of receipt of a copy of this order. In the event the discharge petition is allowed, there cannot be any further direction regarding the expeditious disposal of the case. However, in the event the discharge petition is dismissed, then the case has to be tried with the said Court and in the said circumstances, the discharge petition is dismissed, the lower Court is further directed to expeditiously dispose the case in C.C.No.139 of 2010 within a period of three months from the date of disposal of the said discharge petition. With the aforesaid direction, this petition is ordered. Sd/- Deputy Registrar(Accounts) /True Copy/ Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To 1. The Judicial Magistrate No.II, Virudhunagar 2. The Sub Inspector of Police, Aviyur Police Station, Virudhunagar District. 3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1cc to Mr.V.PERUMAL, Advocate, Sr.No.8719 Crl.O.P.(MD)No.308 of 2011 14.02.2011 AKV SMA/29.03.2011/5C/3P https://hcservices.ecourts.gov.in/hcservices/