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Madras High CourtCRL OP/3245/2022disposed of

Felix Roy v. State Rep By

2022-02-16Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE A.D. JAGADISH CHANDIRA Crl.O.P.No.3245 of 2022 1.Felix Roy 2.Arokiya Vijayakumar

...Petitioners

Vs.

State, represented by The Inspector of Police, T-9, Pattabiram Police Station, Ambattur, Chennai 600 072.

(Crime No.36 of 2021)

...Respondent

PRAYER:Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the trial Court to complete the trial C.C.No.375 of 2021 in Crime No.36 of 2021 on the file of the Learned Judicial Magistrate No.II, Thiruvallur within a stipulated period of time.

For Petitioner : Mr.J.B.Solomon Peter Kamaldoss For Respondent : Mr.A.Gokulakrishnan, Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed direct the trial Court to complete the trial C.C.No.375 of 2021 in Crime No.36 of 2021 on the file of the Learned Judicial Magistrate No.II, Thiruvallur within a stipulated period of time. 2.Learned counsel for the petitioner would submit that the petitioners are the accused facing C.C.No.375 of 2021 on the file of the Judicial Magistrate No.II, Thiruvallur. The case was registered on 21.02.2021 and the final report has been filed and the case has been taken in C.C.No.375 of 2021. He would further submit that the right of speedy trial is the Constitution guarantee and thereby the present petition has been filed seeking for direction to the trial court to complete trial in C.C.No.375 of 2021 within the stipulated time. 3.Mr.A.Gokulakrishnan, learned Additional Public Prosecutor appearing for the respondent would submit that the case has been https://hcservices.ecourts.gov.in/hcservices/

taken up for trial in C.C.No.375 of 2021 and the case as of now stands posted for appearance of the accused on 29.04.2022. The petitioners have not even appeared before the Court. He would further submit that there are 13 witnesses including the Investigating Officer.

4.Heard the learned counsels and perused the materials on record.

5.Perusal of the records shows that the respondent has filed the final report and the case has been taken up for hearing without much delay and the case stands posted for appearance of the accused on 29.04.2022. The petitioner has rushed to the court seeking for the above direction. This Court is of the opinion that one year time may be granted to the learned Judicial Magistrate to complete the trial within a period of one year from 29.04.2022.

6.Accordingly, the learned Judicial Magistrate No.II, Thiruvallur is directed to complete the trial and dispose C.C.No.375 of 2021 within a period of one year from 29.04.2022. 7.With the above direction, the Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar vri/shk To

1. The Judicial Magistrate No.II, Thiruvallur.

2. Do Thro Chief Judicial Magistrate, Thiruvallur.

3. The Inspector of Police, T-9, Pattabiram Police Station, Ambattur, Chennai 600 072.

4. The Public Prosecutor, Madras High Court.

+1cc to Mr.J.B.Solomon Peterkamal Doss, Advocate, S.R.No.9788 Crl.O.P.No.3245 of 2022 PL(CO) RGA(02/03/2022) https://hcservices.ecourts.gov.in/hcservices/