Madras High CourtCRL OP/6819/2023allowed

Murugaiyan v. State Rep By

2023-03-28Honourable Mr Justice G. Chandrasekharan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.03.2023

CORAM

THE HON'BLE Mr. JUSTICE G.CHANDRASEKHARAN

1. Murugaiyan

2. Marimuthu

...Petitioners

Vs.

The State represented by Inspector of Police, Valathy Police Station, Villupuram.

...Respondent

PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the learned Judicial Magistrate, Gingee to dispose of the pending trial in CC.No.448 of 2018 within a time frame to be fixed by this Honble Court.

For Petitioners : Mr.K.Azhagu Raman For Respondent : Mr.S.Santhosh Government Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed directing the learned Judicial Magistrate, Gingee, to dispose of the pending trial in CC.No.448 of 2018 within a time frame to be fixed by this Hon'ble Court.

2. It is the submission of the learned counsel for the petitioners that the petitioners are the accused in C.C.No.448 of 2018 pending on the file of the learned Judicial Magistrate, Gingee. The charges against the accused were framed on 24.11.2020. Since then the case is being adjourned from time to time for examination of witnesses. However, not even a single witness is examined till date. Therefore, this petition.

3. In response, the learned Government Advocate (Crl.Side) submitted that the witnesses will be produced in future hearings.

4. Considered the rival submissions and perused the records.

5. It is seen from the case status extract that the charges against the accused were framed on 24.11.2020. Thereafter, the case was adjourned on various dates for examination of prosecution witnesses L.W.1 to L.W.3. It appears that till now not even a single witness has been produced by the respondent and examined.

6. Therefore, this Court directs the respondent to produce the witnesses at regular intervals and ensure the early disposal of the case. The learned Judicial Magistrate, Gingee is also directed to take efforts to dispose the case as early as possible, preferably, within a period of three months from the date of receipt of a copy of this order.

7. With the above direction, this Criminal Original Petition is allowed.

28.03.2023 mn Index:Yes/No Speaking Order: Yes/No

G.CHANDRASEKHARAN.J., mn To 1.The Judicial Magistrate, Gingee.

2. The Inspector of Police, Valathy Police Station, Villupuram.

3.The Public Prosecutor, High Court of Madras.

28.03.2023