A.Riyaz v. The State Rep.By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.01.2020

CORAM

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM Crl.O.P.No.1296 of 2020 A.Riyaz

...Petitioner

-VsThe State Represented By its Sub Inspector of Police (Crime) F-5, Choolaimedu Police Station Chennai 600 094.

... Respondent Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to give a direction to the learned XVII Metropolitan Magistrate, Saidapet, Chennai 600 005 to expedite the trial in the above Calendar Case in C.C.No.5095 of 2017.

For Petitioner : Mr.L.Gavaskar For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This petition has been filed by the accused No.2 to direct the learned XVII Metropolitan Magistrate, Saidapet, Chennai to expedite the trial in C.C.No.5095 of 2017 and dispose of the same at the earliest.

2. The learned counsel for the petitioner has submitted that the petitioner has been arrayed as accused No.2 in Cr.No.2168 of 2017 on the file of the first respondent. He further submitted that after investigation charge sheet has been filed in the year 2017 itself against the petitioner herein and two others and based on the same, the learned XVII Metropolitan Magistrate, Saidapet, Chennai has taken the case on file in C.C.No.5095 of 2017. He further submitted that from the year 2017 onwards, all the three accused are regularly appearing before the trial Court, but, sofar no progress has been made. Therefore, he prayed to direct the trial Court to dispose of the aforesaid case.

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3. The learned Additional Public Prosecutor has submitted that totally four witnesses were cited in the charge sheet. He further submitted that a reasonable time may be fixed for disposing of the aforesaid case.

4. Considering the aforesaid facts, the trial Court is directed to expedite the trial and dispose of the Case in C.C.No.5095 of 2017 within a period of four months from the date of receipt of a copy of this order. The respondent is also directed to produce the witnesses before the trial Court without seeking unnecessary adjournments. On such production of the witnesses before the trial Court, the accused persons also should cross examine the witnesses without seeking any further adjournments.

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

Sd/- Assistant Registrar(C.S.IV) /True Copy/ Sub Assistant Registrar To 1.The XVI Metropolitan Magistrate, Saidapet, Chennai.

2.The Sub Inspector of Police (Crime) F-5, Choolaimedu Police Station Chennai 600 094.

3.The Public Prosecutor, High Court, Madras.

AKM/03.03.2020/2P-4C / Crl.O.P.No.1296 of 2020 https://hcservices.ecourts.gov.in/hcservices/