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2016 DIGILAW 1155 (MAD)

S. Janarthanan v. S. Dhanabalan

2016-03-16

P.N.PRAKASH

body2016
ORDER : This petition has been filed to direct the learned Principal District and Sessions Judge, Virudhunagar at Srivilliputhur to dispose of the C.A. No. 37 of 2014 within the time frame stipulated by this Honourable Court. 2. Heard the learned counsel for the petitioner. 3. On 10.02.2016, this Court passed the following order: “Heard the learned counsel for the petitioner. 2. It is seen that the respondent was convicted in C.C. No. 1 of 2014 by the learned Judicial Magistrate, Sivakasi on 01.04.2015, challenging which, the respondent has filed C.A. No. 37 of 2015, which is pending on the file of the learned Principal District and Sessions Judge, Virudhunagar at Srivilliputhur. 3. The petitioner herein, who is the complainant, is aged about 70 years and since the respondent/accused is enjoying the suspension of sentence, he is not showing any anxiety to prosecute the appeal. 4. Under such circumstances, this Court directs learned Judicial Magistrate, Sivakasi to immediately send records in C.C. No. 1 of 2014 to the Court of Principal District and Sessions Judge, Virudhunagar at Srivilliputhur in C.A. No. 37 of 2015 and send a report to this Court on or before 24.02.2016. Call on 24.02.2016.” Pursuant to the order passed by this Court, the learned Judicial Magistrate, Sivakasi has sent a report dated 22.02.2016, wherein it is stated as follows: “I humbly submit that I was submitting the entire original case records to the Principal District Court, Virudhunagar District at Srivilliputtur duly indexed in C.A. No. 37/15 on the file of the Principal District Court, Virudhunagar District at Srivilliputtur in C.C. No. 1/2014 on the file of this Court as called for in the reference cited above.” 4. In view of the above, learned Principal District and Sessions Judge, Virudhunagar at Srivilliputhur is directed to dispose of the C.A. No. 37 of 2014 within six months from the date of receipt of a copy of this order. With the above direction, this Criminal Original Petition is disposed of.