D RAMA BHARATHI Vs. D BHARATHI

JUDGEMENT

(1.) THIS intra- Court appeal under Clause 15 of Letters Patent is directed against the orders of the learned Single Judge of this Court, dated 18.4.2009 passed in WP 20389 of 2006 whereby the learned Single Judge allowed the writ petition and set aside the G.O. Rt. No.1646 Home (Legal-II) Department, dated 18.9.2006 addressing the Public Prosecutor to withdraw the prosecution against the writ appellants-respondents 6 to 8 in the writ petition (A1 to A3).

(2.) THIS case amply demonstrates the exploitation of the loopholes in the legal system and in the process thwarting the judicial process at all levels.

(3.) WE do not see any merit in any of the contentions advanced by the learned Senior Counsel for the appellants. When the writ petitioner lodged a private complaint before the Magistrate, the Magistrate forwarded the same to the police for investigation and that the police after due investigation laid the charge-sheet, which prima facie discloses commission of various offences as specified therein. The appellants having unsuccessful in obtaining the discharge from the charges in the revisional Court as well as this Court, adopted dilated tactics to delay the proceedings. Vexed with the dilated tactics adopted by the appellants, the de facto complainant invoked the jurisdiction of this Court under Section 482 Cr.PC for expeditious disposal of the criminal case, which was taken on file by police filing the charge-sheet against the appellants. This Court after hearing the State, directed the learned Magistrate to dispose of the criminal case within a time frame after giving opportunity to the parties concerned. Therefore, the Magistrate is under obligation to comply with the directions issued by this Court by disposing of the criminal case.