← Library
Madras High CourtCRL OP/16669/2015closed

Mrs.D.Bindhu Balaji v. State By

2015-07-07Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.07.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP.No.16669 of 2015 1.D.Bindhu Balaji 2.P.Durairaj 3.Malarveni ... Petitioners Vs State by:

Inspector of Police Vellore North Police Station Vellore (Crime No.490 of 2012) ... Respondent Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to direct the learned Judicial Magistrate No.IV, Vellore to conduct and complete the trial of the case in C.C.No.11 of 2013, on his file expeditiously within a time frame. For Petitioners : Ms.R.Gobika For Respondent : Mr.C.Emalias Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the learned Judicial Magistrate No.IV, Vellore to conduct and complete the trial of the case in C.C.No.11 of 2013, on his file expeditiously within a time frame.

2. Heard the learned counsel appearing for the petitioners and the learned Additional Public Prosecutor appearing for the respondent and perused the materials placed on record.

3. On a reading of the adjudication, it is seen that the charges were framed and accused were questioned by the trial Court on 26.12.2014. Thereafter, A2 has not been appearing before the trial Court and a petition under Section 317 is being filed. On 11.06.2015, A1 and A3 were present and A2 was absent. There was no representation for A2 and L.W.1 was present. Therefore, the case was adjourned to 17.06.2015.

https://hcservices.ecourts.gov.in/hcservices/

4. From the above, it is clear that the witness has appeared before the Court, but the accused is protracting the trial. Therefore, this Court cannot issue direction to the trial Court to complete the trial in a time bound manner. If the accused cooperates by appearing before the trial Court to cross examine the witness, then, the trial Court is directed to expeditiously conduct the trial.

With the above observation, this criminal original petition is dismissed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar sms To

1. The Judicial Magistrate IV, Vellore.

2. -Do- Through The Chief Judicial Magistrate, Vellore

3. Inspector of Police Vellore North Police Station Vellore

4. The Public Prosecutor, High Court, Madras.

+1cc to Mr.S.Sathia Chandran, Advocate, S.R.No.33937 Crl.OP No.16669 of 2015 KK(CO) CA(21/07/2015) https://hcservices.ecourts.gov.in/hcservices/