D.Rasa @ Rasakrishnan Ramesh @ Rasakrishnan v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.07.2022
CORAM
THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR D.Rasa @ Rasakrishnan ... Petitioner -VsState Rep.by The Inspector of Police, Team - XXXII Fake Passport Prevention Wing, Central Crime Branch, Vepery, Chennai - 600 007.
... Respondent Prayer: Criminal Original petition filed under Section 482 of the Code of Criminal Procedure to direct the learned Metropolitan Magistrate, For Exclusive Trial of C.C.B cases and CB CID Metro Cases, Egmore, Chennai expedite the trial in C.C.No.3769 of 2021 on day to day basis and complete the same within the stipulated time as fixed by this Court. For Petitioner : Mr.R.Vivekananthan For Respondent : Mr.Leonard Aru Joseph Selvam Govt.Advocate (Crl.side)
ORDER
This Criminal Original Petition has been filed to direct the learned Metropolitan Magistrate, For Exclusive Trial of C.C.B cases and CB CID 1/5
Metro Cases, Egmore, Chennai expedite the trial in C.C.No.3769 of 2021 on day to day basis and complete the same within the stipulated time.
2. The learned counsel for the petitioner submitted that the accused A2 is in the Special Camp, Trichy from the year of 2019. Though final report was filed and cognizance were taken by the trial Court and numbered as C.C.No.3769 of 2021 no progress is shown by the trial Court for speedy disposal of the same. Out of 46 witnesses, 5 witnesses have been examined and 7 witnesses have been dispensed with for their personal appearance. Hence he prayed to expedite the trial.
3. The learned Government Advocate (Crl.side) submitted that there are 46 witnesses out of which 5 witnesses have been examined and 7 witnesses have been dispensed and other witnesses will be produced as expeditiously as possible.
4. Heard both sides.
5. This Court is of the view that production of 34 witnesses has to 2/5
be done by the Investigation Officer and the trial Court shall issue summon to those witnesses by fixing a date in the same week and all the witnesses shall be produced before the trial Court on that date when summon were issued. It is also seen that whenever summon is issued by the trial Court for appearance of the witnesses summon should be properly served on the witnesses by the Investigating Agency, failure to serve the summon or if there is any delay in serving the summon it is well open to the trial Court to impose cost on the Investigating Agency under Section 309 of Cr.P.C. for granting adjournments. In any event by adhering the above direction the trial Court is directed to dispose of the matter within a period of four months from the date of receipt of a copy of this order.
6. With the above direction and observation the Criminal Original Petition is disposed of.
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To
1. The learned Metropolitan Magistrate, For Exclusive Trial of C.C.B cases and CB CID Metro Cases, Egmore, Chennai
2. The Inspector of Police, Team-XXXII Fake Passport Prevention Wing, Central Crime Branch, Vepery, Chennai - 600 007.
3. The Public Prosecutor, High Court, Madras.
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N. SATHISH KUMAR,J.
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