Johnwesley v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.11.2023

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN and Crl.M.P.Nos.16028 & 16031 of 2023 Johnwesley ... Petitioner Vs.

1. The State Rep.by the Inspector of Police, Gobichettipalayam Police Station, Erode District.

2. Satheeshkumar ... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, pleased to call for the records in C.C.No.77 of 2021 on the file of the Judicial Magistrate, Gobichettipalayam, Erode and quash the same as illegal.

For Petitioner : Ms. E.Harini for Mr. Ma.P. Thangavel For Respondent : Mr.S.Udaya Kumar Government Advocate (Crl. Side) 1/4

O R D E R

Petition to quash the C.C.No.76 of 2021 on the file of the learned Judicial Magistrate No.1, Gobichettipalaym, Erode District.

2. On perusing the records, this Court find that petition cannot be entertained, since there is prima facie material to take cognizance. However, the inordinate delay in commencing the trial warrants direction to the respondent police to marshal the evidence as expeditiously as possible and complete the trial. Now, it is informed that, the matter is posted on 22.11.2023 for examination of LW1 to LW5. Therefore, this Court directs the trial Court to examine the witnesses on the day to day basis and complete the trial within a period of three months from the date of receipt of copy of the order.

3. With the above observations and directions, this Criminal Original Petition is disposed of. Consequently, connected miscellaneous petitions are closed.

06.11.2023 Index : Yes/No Sma To 2/4

1. Inspector of Police, Gobichettipalayam Police Station, Erode District.

2. The Public Prosecutor, Madras High Court.

Dr.G.JAYACHANDRAN,J.

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