1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.02.2011 CORAM: THE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAH Crl.O.P.(MD).No.1389 of 2011 M.Renganathan ... Petitioner Vs. The State of Tamil Nadu Represented by the Sub Inspector of Police Eraniel Police Station Kanyakumari District Crime NO. 268 of 2003 ... Respondent PRAYER: Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned Principal District Munsiff Cum Judicial Magistrate, Eraniel, for speedy disposal of the case pending in S.T.C.No. 1759 of 2007 on its file. *** For Petitioner : Mr. J. John Jayakumar For Respondent : Mr. L.Murugan Govt. Advocate (Crl. Side) O R D E R This Petition has been filed by the petitioners to direct the learned Principal District Munsif Cum Judicial Magistrate, Eraniel, for speedy disposal of the case pending in S.T.C.No. 1759 of 2007 on its file. 2. Heard Mr. J. John Jayakumar, learned counsel appearing for the petitioner and Mr.L.Murugan, learned Government Advocate (Crl. Side) appearing for the respondent. 3. The learned counsel appearing for the petitioner would submit in his argument that the petitioner is the sole accused in S.TC.No. 1759 of 2007 under Sections 279, 337 and 338 of IPC. He would further submit in his argument that th case was originally taken on file in S.T.C.No. 1187 of 2004 by the learned Principal District Munsif Cum Judicial Magistrate, Eraniel and later it was transferred to the Special Judicial Magistrate, Eraniel, which was taken on file in C.C.No.1 of 2007. He would further submit in his argument that since the case was not disposed of by the Special Magistrate and remitted the case before the learned Principal District Munsif Cum Judicial Magistrate, Eraniel, which was taken on file in S.T.C.No. 1759 of 2007. He would also submit in his argument that on the side of the prosecution, ten witnesses were examined as PWS 1 to 10 and after that, no progress on the side of the prosecution. He would further submit in his argument that the case registered against the petitioner is a summons case and he has been facing the prosecution from the year 2004. Therefore, he would request the Court to speedy dispose the case. https://hcservices.ecourts.gov.in/hcservices/ 2 4. The learned Government Advocate (Crl. Side) would submit in his argument that on the side of the prosecution, ten witnesses have been examined. Therefore, he would request the Court that suitable orders may be passed in the facts and circumstances of the case. 5. I have given anxious consideration to the arguments advanced on either side. 6. Considering the facts and circumstances of the case and also considering the fact that the petitioner is the sole accused in S.TC.No. 1759 of 2007 under Sections 279, 337 and 338 of IPC and the case was originally taken on file in S.T.C.No. 1187 of 2004 by the learned Principal District Munsif Cum Judicial Magistrate, Eraniel and later, it was transferred to the Special Judicial Magistrate, Eraniel, which was taken on file in C.C.No.1 of 2007, and the said case was not disposed of by the Special Magistrate and remitted the case to the learned Principal District Munsif Cum Judicial Magistrate, Eraniel, which was taken on file in S.T.C.No. 1759 of 2007. Ten witnesses were examined as PWS 1 to 10 on the side of the prosecution and after that, no progress made on the side of the prosecution and the petitioner is facing trial from the year 2004. Therefore, this Court is inclined to direct the learned Principal District Munsiff Cum Judicial Magistrate, Eraniel, to complete the trial of the case in S.T.C.No. 1759 of 2007 within a period of three months from the date of receipt of a copy of this order. 7. With the above direction, this Petition is disposed of. Sd/- Deputy Registrar (LA) /True copy/ Assistant Registrar To 1. The Sub Inspector of Police Eraniel Police Station, Eraniel Kanyakumari District 2. The Principal District Munsiff Cum Judicial Magistrate, Eraniel 3. The Additional Public Prosecutor Madurai Bench of the Madras High Court Madurai Crl.O.P.(MD).No.1389 of 2011 04.02.2011 vsg PAM 02.03.2011/4C/2P https://hcservices.ecourts.gov.in/hcservices/