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Madras High CourtCRL OP/6544/2022disposed of

Shabana Haqqani v. State Rep By

2022-03-24Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.03.2022

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P.NO.6544 OF 2022 1.Shabana Haqqani 2.Shaheen Begum

...Petitioners

Vs.

The State represented by The Inspector of Police, Central Crime Branch, Fake Passports Wing, Thousand lights, Chennai 6.

...Respondent

PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the learned Chief Metropolitan Magistrate Court for Exclusive Trial of CCB Cases, Egmore, Chennai to dispose of the case pending in C.C.No.1151 of 2018 as expeditiously as possible.

For Petitioners :

Mr.M.Mohammed Rafi For Respondent :

Mr.A.Gokulakrishnan, Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to direct the Chief Metropolitan Magistrate Court for Exclusive Trial of CCB Cases, Egmore, Chennai to dispose of the case pending in C.C.No.1151 of 2018 as expeditiously as possible.

2. The Learned counsel for the petitioners would submit that the petitioners are accused facing trial in C.C.No.1151 of 2018 on the file of the Chief Metropolitan Magistrate Court for Exclusive Trial of CCB Cases, Egmore, Chennai for the offence under Section 468, 471, 420 & 120(B) of IPC. He would further submit that the case was originally pending before the learned XI Metropolitan Magistrate, Saidapet, Chennai and subsequently, the case was transferred to the Court for Exclusive Trial of CCB Cases, Egmore, Chennai. The charges were framed against the petitioners by the Trial Court as early as on 25.02.2019. However, since 30.04.2019 the case has been repeatedly adjourned https://hcservices.ecourts.gov.in/hcservices/

for recording of evidence and service of summons to LW1 to LW2. Thereafter, there is no progress in this case and the case now stands posted to 08.04.2022. He would further submit that the petitioners are residents of Hyderabad and due to the said case, they have been repeatedly traveling from Hyderbad to Chennai. He would further submit that speedy trial is a Constitutional guarantee and thereby, the present petition has been filed seeking for a direction to the Trial Judge to complete the trial as expeditiously.

3. Mr.A.Gokulakrishnan, learned Additional Public Prosecutor would submit that the petitioners are accused facing trial in C.C.No.1151 of 2018. There are totally seven witnesses in this case. He would further submit that the case now stands posted to 08.04.2022 for examination of witnesses.

4. Heard the both sides and perused the materials available on record.

5. In view of the above, direction is issued to the learned Trial Judge to complete the trial within a period of four months from the next hearing date i.e.,08.04.2022. The petitioners shall cooperate for the speedy disposal.

6.With the above direction, this Criminal Original Petition stands disposed of.

Sd/- Assistant Registrar(CCC) // True Copy // Sub Assistant Registrar shk/sai To 1.The Chief Metropolitan Magistrate Court for Exclusive Trial of CCB Cases, Egmore, Chennai.

2.The Inspector of Police, Central Crime Branch, Fake Passports Wing, Thousand lights, Chennai 6.

3.The Public Prosecutor, High Court of Madras.

+1cc to Mr.M.Mohammed Rafi, Advocate Sr.No.20133 Crl.O.P.No.6544 of 2022 AJB(CO) RVM(07/04/2022) https://hcservices.ecourts.gov.in/hcservices/