A.Kesavan v. The State Through

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.02.2020

CORAM:

THE HONOURABLE Mr.JUSTICE P.RAJAMANICKAM CRL.O.P.No.4059 of 2020 A.Kesavan ... Petitioner Vs.

1. The State through The Inspector of Police, Gobichettipalayam Police Station, Erode District.

2. Pongiyannan

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, to direct the learned Judicial Magistrate Court No.1, Gobichettipalayam to expedite trial in C.C.No.93 of 2016 and to dispose of the same within stipulated time.

For Petitioner : M/s.M.Malaviya For Respondents : Mr.M.Mohamed Riyaz (for R1) Additional Public Prosecutor

O R D E R

This petition has been filed by the accused to direct the learned Judicial Magistrate Court No.1, Gobichettipalayam to dispose of the case in C.C.No.93 of 2016 at early.

2. Heard the learned Counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the first respondent.

3. The learned counsel for the petitioner has submitted that the petitioner was working as an Accountant Assistant in the Tamil Nadu Electricity Board, Gobichettipalayam. Since a case has been registered against the petitioner for the alleged offences under Sections 294(b), 323 & 506(ii) of IPC, the petitioner was placed under suspension. He further submitted that even though the petitioner is appearing before the trial Court regularly, the trial Court has routinely adjourned the matter without insisting the first respondent to produce the witnesses and therefore, he prayed to direct the trial Court to dispose of the case in C.C.No.93 of 2016 at early. https://hcservices.ecourts.gov.in/hcservices/

4. A perusal of the diary extract in C.C.No.93 of 2016 shows that the petitioner herein has appeared before the trial Court on 29.11.2016 and copies were furnished on the same date and thereafter it was adjourned to 03.12.2016 and on that date, charge was framed against the petitioner and he was questioned and thereafter the case was adjourned to 07.02.2017 and from that date, onwards the case has been adjourned routinely without any progress. Hence the trial Court is directed to dispose of the case in C.C.No.93 of 2016 within a period of three months from the date of receipt of a copy of this order. The first respondent also directed to produce the witnessess without taking any unnecessary adjournments.

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

Sd/- Assistant Registrar(CS-IV) // True Copy// Sub Assistant Registrar ebsi To

1. The Judicial Magistrate No.1, Gobichettipalayam.

2. The Inspector of Police, Gobichettipalayam Police Station, Erode District.

3.The Public Prosecutor, High Court, Madras.

+1cc to Ms.M.Malaviya, Advocate, SR.No.17564. CRL.O.P.No.4059 of 2020 RK(CO) CSR: 04.03.2020 https://hcservices.ecourts.gov.in/hcservices/