Sathiya @ Sathiyaraj v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.03.2022

CORAM

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.6087 of 2022 Sathiya @ Sathiyaraj, S/o.Dharani ... Petitioner/Accused 3 Vs State Represented by, The Inspector of Police.

G-2 Periyamedu Police Station, Chennai.

(Crime.No.582 of 2011) ... Respondent/Complainant Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., pleased to direct the learned VII-th Additional Sessions Judge, Chennai to expedite the Trial in S.C.No.378 of 2016 in Crime No.582 of 2011 within the time stipulated by this Hon`ble Court.

For Petitioner : Ms.M.Kaveri Selvam For Respondent : Mr.V.Meganathan Government Advocate (criminal side)

ORDER

This Criminal Original Petition has been filed, to direct the learned VII Additional Sessions Judge, Chennai to expedite the Trial in S.C.No.378 of 2016 in Crime No.582 of 2011.

2. The learned counsel for the petitioner would submit that the petitioner is the third accused A-3 facing trial in S.C.No.378 of 2016 for offences punishable under Sections 147, 341, 397, 307 and 506(ii) of IPC and Tamil Nadu Property (Prevention of Damage and Loss) Act, 1992. He would further submit that originally the case was registered during the year 2011 and the case was taken up for trial during the year 2016 and despite the lapse of six years, the trial has not been completed. He would further submit that the right of speedy trial is a constitutional guarantee given to the accused and due https://hcservices.ecourts.gov.in/hcservices/

to the pendency of the case, the petitioner and his family members are suffering a lot and thereby he seek a direction to the concerned Jurisdictional Court to complete the trial at the earliest.

3. Mr.V.Meganathan, learned Government Advocate would submit that there are totally nine witnesses and five accused in this case. Since some of the accused persons are absconding, the case against the petitioner has been split up and taken up in S.C.No.378 of 2016. He would further submit that out of nine witness L.W1 has passed away and the Death Certificate of L.W1 produced before the concerned Court and the case stands posted on 26.04.2022.

4. In view of the above, a direction is issued to the Trial Court to complete the trial as expeditiously as possible, preferably within a period of six months from 26.04.2022 and deliver the Judgement.

5. This Criminal Original Petition stands disposed of with the above observation and direction.

Sd/- Assistant Registrar(CS-IV) // True Copy // Sub Assistant Registrar dk/arb To 1.The VII Additional Sessions Judge, Chennai.

2.The Inspector of Police.

G-2 Periyamedu Police Station, Chennai.

3.The Public Prosecutor, High Court of Madras.

+1cc to Mr.M.Kaveriselvam, Advocate SR.No.21111 Crl.O.P.No.6087 of 2022 SRA(CO) CB(20/04/2022) https://hcservices.ecourts.gov.in/hcservices/