M.Selva Prabhu v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.02.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.5018 of 2019 M.Selva Prabhu ... Petitioner Vs.

State rep. by Inspector of Police Cr.No.149 of 2015 Komarapalayam Police Station, Namakkal District. ... Respondent Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. to direct the Judicial Magistrate, Tiruchengode to complete the trial in C.C.No.267 of 2015 pending on the file of the Judicial Magistrate, Tiruchengode.

For Petitioner : M/s.Babu Rangasamy Associates. For Respondent : Mr.M.Mohamed Riyaz, Additional Public Prosecutor.

O R D E R

This Criminal Original Petition has been filed seeking direction to the Judicial Magistrate, Tiruchengode to complete the trial in C.C.No.267 of 2015, pending on the file of the Judicial Magistrate, Tiruchengode.

2.The learned counsel for the petitioner submitted that a case has been registered against the petitioner in Cr.No.149 of 2015 for the offence under Section 279 and 304() of IPC, based on the complaint preferred by one Settu. The case of the prosecution is that the petitioner drove the car in a rash and negligent manner and dashed against the defacto complainant's father and caused death of his father. Hence,the case was registered against the petitioner. After investigation, charge sheet was laid in C.C.No.267 of 2015 before the learned Judicial Magistrate, Tiruchengode and the trial has been commenced in August 2015 itself. The main grievance of the petitioner is that though the trial has been commenced in the year 2015, it is still pending for examination of witnesses 8,10 and 11. Hence, the petitioner has filed this petition with the aforesaid prayer.

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3.The learned Additional Public Prosecutor submitted that after detailed investigation, charge sheet has been laid in C.C.No.267 of 2015 and the learned Judicial Magistrate, Tiruchengode has taken cognizance and trial has been commenced. He further submitted that there are totally 16 witnesses and witnesses 8, 10 and 11 are to be examined.

4.Heard both sides.

5.Taking into consideration that the case is of the year 2015 and the trial has also been commenced, the learned Judicial Magistrate, Tiruchengode, is directed to complete the trial within a period of three months from the date of receipt of copy of this order.

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

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar rm To 1.The Judicial Magistrate, Tiruchengode.

2.The Inspector of Police, Komarapalayam Police Station, Namakkal District.

3.The Public Prosecutor, High Court, Madras.

+1cc to M/s.Babu Rangasamy Associates, Advocate, S.R.No.16921 Crl.O.P.No.5018 of 2019 KAN(CO) rrs 27/02/2019 https://hcservices.ecourts.gov.in/hcservices/