← Library
Madras High CourtCRL OP/2825/2022disposed of

Mayakannan v. The State Rep By

2022-02-15Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Date : 15.2.2022.

CORAM

THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA Criminal Original Petition No.2825 of 2022 Mayakannan Petitioner vs.

The State, rep. by The Inspector of Police, District Crime Branch, Krishnagiri, Krishnagiri District.

(Crime No.38 of 2011) Respondent Criminal Original Petition filed under Section 482 Cr.P.C. to direct the Trial Court to expedite the trial in C.C.No.77 of 2016 on the file of Judicial Magistrate-II, Krishnagiri to secure the ends of justice.

For Petitioner : Mr.R.Sankarasubbu For Respondent : Mr.A.Gokulakrishnan, APP

ORDER

The petition has been filed seeking a direction to the Trial Court to expedite the trial in C.C.No.77 of 2016 on the file of Judicial Magistrate-II, Krishnagiri to secure the ends of justice.

2. Learned counsel appearing for the petitioner would submit that the petitioner is A8 in C.C.No.77 of 2016 pending on the file of Judicial Magistrate II, Krishnagiri. He would submit that the case was registered in the year 2011 and the final report was filed during the year 2014 and the case was earlier taken on file in C.C.No.23 of 2014 on the file of the District Munsif cum Judicial Magistrate, Pochampalli and thereafter, on administrative grounds, the case was transferred to Judicial Magistrate II, Krishnagiri and renumbered as C.C.No.77 of 2016. He would also submit that the petitioner has been regularly appearing before the Trial Court, whereas, there https://hcservices.ecourts.gov.in/hcservices/

is no progress in the Trial. He would submit that speedy trial is a constitutional right guaranteed to a citizen and thereby a direction may be issued to the Trial Court to expedite the trial.

3. Learned Additional Public Prosecutor would submit that the post of Judicial Magistrate II is vacant and the case is now on the file of Judicial Magistrate I, Krishnagiri, who is looking after the additional charge of Judicial Magistrate II also and the trial had already commenced on 4.1.2021.

4. In view of the above submission, the case has been registered in the year 2011 and final report has been filed in the year 2014 itself and the right to seek speedy trial is constitutionally guaranteed, a direction is issued to Judicial Magistrate I, Krishnagiri to complete the trial in C.C.No.77 of 2016 as expeditiously as possible and preferably within a period of six months from the date of receipt of copy of this order. The Criminal Original Petition is, accordingly, disposed of. Sd/- Assistant Registrar(CS-V) //True Copy// Sub Assistant Registrar ssk.

To

1. The Inspector of Police, District Crime Branch, Krishnagiri, Krishnagiri District. 2

2. The Public Prosecutor, High Court, Madras.

Copy To The Judicial Magistrate No.I, Krishnagiri.

+1cc to Mr.R.Sankarasubbu, Advocate SR.No.9997 Criminal Original Petition No.2825 of 2022 KG(CO) GN(28/02/2022) https://hcservices.ecourts.gov.in/hcservices/