R.Sathiyanarayanan v. The State

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.7007 of 2022 R.Sathiyanarayanan

...Petitioner/Defacto Complainant

Vs.

The State Represented by, The Inspector of Police, D-Nagar Police Station, Gorimedu, Puducherry.

...Respondent

PRAYER : The Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, pleased to direct the Hon'ble Judicial Magistrate Court-I, Puducherry to conduct expeditious trial in S.T.C.No.631 of 2016 pending before the Hon'ble Judicial Magistrate Court-I, Puducherry, within a time frame as stipulated by this Hon'ble High Court.

For Petitioner : Mr.G.Mutharasu For Respondent : Mr.V.Balamurugane Public Prosecutor, Puducherry.

O R D E R

The Criminal Original Petition has been filed to direct the Hon'ble Judicial Magistrate Court-I, Puducherry to conduct expeditious trial in S.T.C.No.631 of 2016 pending before the Judicial Magistrate Court-I, Puducherry.

2. Learned counsel for the petitioner would submit that the petitioner is an Ex-service man and a physically challenged person with the disablement of 95 percent. The petitioner was assaulted by one Balraj and others. In respect of which, a case in Crime No.99 of 2015 was registered by the respondent police. The respondent after completion on investigation, filed the final report as against one Balraj alone and the case was taken up in S.T.C.No.631 of 2016. The petitioner and his wife were examined as PW1 and PW2. The petitioner's wife/PW2 has given evidence in respect of the assault of Balraj and others and thereby, the trial Judge had directed to implead other accused in accordance with Section 319 Cr.P.C. Thereafter, there is no progress in the trial. The petitioner's condition is deteriorating day by day, thereby, the present petition has been filed seeking for a direction to complete the trial as expeditiously as possible. https://hcservices.ecourts.gov.in/hcservices/

3. Learned Government Advocate (Crl.Side) would submit that based on the complaint given by the petitioner, a case in Crime No.99 of 2021 was registered by the respondent police and filed the final report and the case was taken up on file in S.T.C.No.631 of 2016. During the pendency of the trial, the Court had directed to implead other accused and as of now, the case stands posted to 11.04.2022 for appearance of the accused. He would also submit that the respondent is ready to cooperate for speedy disposal of the trial and since, now the additional accused have been impleaded in this case, they have to file an application to recall PW1 and PW2 for further cross examination.

4. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondent and perused the materials available on record.

5. Taking into consideration the materials available on record and the facts and the submissions made by the counsel, a direction is issued to the learned Judicial Magistrate-I, Puducherry to complete the trial in S.T.C.No.631 of 2016 as expeditiously as possible, preferably within a period of six months from the date of receipt of a copy of this order.

6. In view of the above, this Criminal Original Petition stands disposed of.

Sd/- Assistant Registrar (CCC) //True Copy// Sub Assistant Registrar ham/rgi To 1.The Judicial Magistrate-I, Puducherry.

2.The Inspector of Police, D-Nagar Police Station, Gorimedu, Puducherry.

3.The Public Prosecutor, Puducherry.

+1cc to Mr.G.Mutharasu, Advocate SR. No.21278 Crl.O.P.No.7007 of 2022 GPL (CO) PR (18/04/2022) https://hcservices.ecourts.gov.in/hcservices/