Madras High CourtCRL OP/1318/2025disposed of

Murugesan v. The Inspector Of Police

2025-01-24Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.01.2025 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN Crl.O.P.No.1318 of 2025 and Crl.M.P.No.749 of 2025

1. Murugesan

2. Sakthivel

3. Hemanathan ... Petitioners Vs.

1. The Inspector of Police M4-Redhills Police Station Chennai (Crime No.852/2023)

2. Mrs.Rajeshwari ... Respondents Prayer: Criminal Original Petition filed under Section 528 of B.N.S.S. to direct the IV Additional Sessions Judge, Ponneri, to expedite the hearing in the Criminal Miscellaneous Petition filed by the petitioner for further investigation under Section 193(9) of the Bharatiya Nyaya Sanhita, 2023 in S.C.No.89 of 2024 on the file of the IV Additional Sessions Judge, Ponneri and continue the trial proceedings after disposal of the said petition. 1/5

For Petitioners : Mr.P.Rajkumar For 1 st Respondent : Mr.S.Sugendran Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed by the petitioners to direct the IV Additional Sessions Judge, Ponneri, to expedite the hearing in the Criminal Miscellaneous Petition filed by the petitioners for further investigation under Section 193(9) of the B.N.S.S. in S.C.No.89 of 2024 on the file of the IV Additional Sessions Judge, Ponneri and continue the trial proceedings after disposal of the said petition.

2. Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor appearing for the 1 st respondent and perused the materials available on record.

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3. Since no adverse order is being passed against the 2 nd respondent, notice to the 2 nd respondent is dispensed with.

4. It is seen that the petitioners have been charged for the offences under Sections 120(B) read with 302, 147, 148, 341, 302 read with 149 and 201 of IPC in S.C.No.89 of 2024 on the file of the IV Additional Sessions Judge, Ponneri and pending trial, the petitioners have filed a Criminal Miscellaneous Petition for further investigation under Section 193(9) of the B.N.S.S. and the same has been kept pending without even numbering. Hence, the present petition is filed to expedite the hearing in the Criminal Miscellaneous Petition filed by the petitioners for further investigation.

5. Considering the facts and circumstances of the case, the IV Additional Sessions Judge, Ponneri is directed to give opportunity to both the parties and dispose of the Miscellaneous Petition filed by the petitioners under Section 193(9) of B.N.S.S. in accordance with law.

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6. With the above directions, this Criminal Original Petition is disposed of. Consequently, connected Miscellaneous Petition is closed. 24.01.2025 Index : Yes / No Speaking Order : Yes / No ksa-2 To

1. The IV Additional Sessions Judge, Ponneri,

2. The Inspector of Police M4-Redhills Police Station Chennai

3. The Public Prosecutor High Court of Madras 4/5

P.VELMURUGAN. J.

Ksa-2 24.01.2025 5/5