D.Anthoniswamy v. State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.03.2022 CORAM :

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.7050 of 2022 D.Anthoniswamy

...Petitioner

Vs.

The State represented by, The Inspector of Police, Nambiyur Police Station, Erode District.

Crime No: 230 of 2011 ... Respondent PRAYER: This Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, pleased to direct the learned Judicial Magistrate Court-II, Gobichettipalayam, Erode District to dispose of the C.C.No.53 of 2013 as expeditiously as possible within a stipulated time.

For Petitioner : Mr.P.Prakash Paul For Respondent : Mr.A.Gokulakrishnan Additional Public Prosecutor

O R D E R

The Criminal Original Petition has been filed seeking to direct the learned Judicial Magistrate Court-II, Gobichettipalayam, Erode District to dispose of the C.C.No.53 of 2013 as expeditiously as possible within a stipulated time.

2. Learned counsel appearing for the petitioner would submit that the petitioner is the defacto complainant and LW1 in C.C.No.53 of 2013 pending on the file of the learned Judicial Magistrate Court-II, Gobichettipalayam, Erode. The case is pending from the year 2013. There are 18 witnesses in this case and the respondent has so far examined 8 witnesses. For the past six months, there is no progress in the trial. The petitioner is the victim and defacto complainant. Since, the case is pending for the past nine years, present petition has been filed seeking for a direction for speedy trial.

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3. Learned Additional Public Prosecutor representing the respondent would submit that out of 18 witnesses, so far 8 witnesses have been examined. Due to Covid pandemic, the respondent is unable to produce the witnesses. The respondent will be able to produce the remaining witnesses as directed by the trial Court and they will cooperate for the speedy trial.

4. Heard the learned counsel and perused the materials available on record.

5. Taking into consideration the facts and circumstances, a direction is issued to the learned Judicial Magistrate-II, Gobichettipalayam, Erode to dispose of C.C.No.53 of 2013 pending on his file as expeditiously as possible, preferably within a period of six months from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar rgi/ham To

1. The Judicial Magistrate Court - II, Gobichettipalayam, Erode District.

2. -do through- The Chief Judicial Magistrate, Gobichettipalayam, Erode District.

3. The Inspector of Police, Nambiyur Police Station, Erode District.

4. The Public Prosecutor, High Court of Madras.

Crl.O.P.No.7050 of 2022 PMK[co] NSK 12/04/2022 https://hcservices.ecourts.gov.in/hcservices/