A. Balaji v. State Rep. By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 24.09.2018
CORAM
THE HONOURABLE Mr.JUSTICE P.RAJAMANICKAM CRL.O.P.No.22616 of 2018 A.Balaji ... Petitioner/1st Accused Vs State rep. by The Inspector of Police, Ramanatham Police Station, Cuddalore District.
... Respondent/Respondent Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the trial Court to expedite the case in S.T.C.No.626 of 2016 on the file of the District Munsif-cumJudicial Magistrate, Tittagudi and complete the same within time frame fixed by this Court.
For Petitioner : Mr.S.P.Parvadhraj Arumugam For Respondent : Mrs.M.Prabhavathi, APP
O R D E R
This petition has been filed by 1st accused to direct the District Munsif-cum-Judicial Magistrate, Tittagudi to expedite the trial in S.T.C.No.626 of 2016 and to dispose of the same at early.
2.The learned counsel for the petitioner has submitted that based on the complaint given by one Rajavel, the respondent has registered a case against the petitioner herein and two others in Crime No.108 of 2016 under Sections 447, 294(b) and 506(2) IPC. He further submitted that after investigation, the respondent has filed a charge sheet under Sections 447 and 294 (b) IPC in the year 2016 itself and based on the same, the learned District Munsif-cum-Judicial Magistrate, Tittagudi has taken the case on file in S.T.C.No.626 of 2016 on 15.12.2016 and issued summons to the petitioner and other accused persons. He further submitted that after receipt of the summons, all the https://hcservices.ecourts.gov.in/hcservices/
accused appeared before the learned Magistrate on 29.04.2017. From that date onwards, the case is pending for trial without any progress and hence, he requests to direct the concerned Magistrate to dispose of the aforesaid case at early. 3.The learned Additional Public Prosecutor has submitted that totally, seven witnesses have been cited and some reasonable time may be fixed for disposing of the aforesaid case. 4.It is seen from the typed set of papers filed by the petitioner that the case was lastly came up for hearing before the trial Court on 30.08.2018 and it was adjourned to 07.12.2018 for trial.
5.Considering the fact that the above case is pending from the year 2016 and the above case is also a Summary Trial Case, the learned District Munsif-cum-Judicial Magistrate, Tittagudi is directed to advance the hearing, after giving notice to both sides and fix the date for trial and examine the witnesses and dispose of the case in STC.No.626 of 2016 at early, preferably within three months from the date of receipt of a copy of this order.
With the aforesaid directions, this petition is disposed of. Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar gya To 1.District Munsif-cum-Judicial Magistrate Court, Tittagudi.
2.The Inspector of Police, Ramanatham Police Station, Cuddalore District.
3.The Public Prosecutor, High Court, Madras.
+1cc to Mr.P.Saravanan, Advocate Sr.66606 [03/10/2018] CRL.O.P.No.22616 of 2018 vba[co] srg 25/09/2018 https://hcservices.ecourts.gov.in/hcservices/