Madras High CourtCRL OP/577/2020disposed of

Ushman v. State By

2020-01-10Honourable Mr Justice P. Rajamanickam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.01.2020

CORAM

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM Crl.O.P.No.577 of 2020 Ushman : Petitioner/Defacto Complainant -Vs1. State by:

The Inspector of Police, Central Crime Branch, Job Racketing 8th Team, Vepperi, Chennai 600 007.

: Respondent/Complainant

2. Mahaboob Ali

3. Haji Mohamed : Respondents 2&3/Accused 1&2 Prayer:

Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to issue a direction to the respondents to complete the trial in C.C.No.5354 of 2016 on the file of the Chief Metropolitan Magistrate Court for Trial of CCB and CBCID cases, Egmore, Chennai.

For Petitioner : Mr.P. Pugalenthi For respondents : Mr.Mohamed Riyaz Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the respondents to complete the trial in C.C.No.5354 of 2016 on the file of the Chief Metropolitan Magistrate Court for Trial of CCB and CBCID cases, Egmore, Chennai.

2. The learned counsel for the petitioner has submitted that the petitioner is the defacto complainant and based on his complaint, a case was registered in Crime No.67/2011 under section 420 r/w 34 I.P.C and after investigation, charge sheet was filed and based on the same, the case was taken on file in C.C.No.2886 of 2011 on the file of the III Metropolitan Magistrate, George Town, Chennai. He further submitted that subsequently the said case was transferred to the court of the Metropolitan Magistrate for Trial of CCB and CBCID cases, Egmore and renumbered as C.C.No.5354 of 2016. He further submitted that the aforesaid case is pending for the past nine years and https://hcservices.ecourts.gov.in/hcservices/

hence he requests to direct the trial court to dispose of the case at early.

3. The learned Additional Public Prosecutor has submitted that out of 15 witnesses, on the side of the prosecution 13 witnesses were examined. He further submitted that the case is posted for cross-examination of P.Ws.4 and 5 and hence some reasonable time may be fixed for completing the trial and dispose of the case.

4. Considering the aforesaid submissions, the trial court is directed to expedite the trial and dispose of the case in C.C.No.5354 of 2016 within six months from the date of receipt of a copy of this order.

5. With the above directions, the Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS-IV) // True Copy// Sub Assistant Registrar mfa To 1.Chief Metropolitan Magistrate Court for Trial of CCB and CBCID cases, Egmore, Chennai.

2. The Inspector of Police, Central Crime Branch, Job Racketing 8th Team, Vepperi, Chennai 600 007.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.P.Pugalenthi, Advocate, SR.No.2512. Crl.O.P.No.577 of 2020 SVI(CO) CSR: 19.02.2020 https://hcservices.ecourts.gov.in/hcservices/