Madras High CourtCRL OP/9398/2026disposed of

P.Senthil Kumar v. R.Thamilarasan

2026-06-23Honourable Mr Justice M. Nirmal Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23-06-2026

CORAM

THE HON'BLE MR JUSTICE M. NIRMAL KUMAR P.Senthil Kumar S/O. Late S.Palani, No.21, Bajanai Koil Street, Red Hills, Chennai 600 052.

..Petitioner(s) Vs R.Thamilarasan S/O. Ravi, No.21, Mercy Nagar, Puzhal, Chennai - 600 066.

..Respondent(s) Prayer: Criminal Original Petition filed under Section 528 of BNSS, praying for a direction to the learned Judicial Magistrate No.II, Ponneri to dispose of C.C.No.268 of 2025, within a time frame to be fixed by this Court. For Petitioner(s):

Ms.A.Anuradha For Respondent(s):

Mr.K.Madhan

ORDER

The petitioner as complainant filed a private complaint in C.C.No.268 of 2025 against the respondent/accused for offences under Sections 227, 231, 334, 337, 338336, 339, 340 and 338 of BNS, 2023.

2.The contention of the petitioner is that the respondent is a tenant only to a small portion, but on his own, he occupied the other portion of the petitioner's property, created forged documents and also submitted before the registration authorities like GST, Income Tax and other authorities showing that there are civil suits pending between petitioner and respondent. The respondent using force both money and muscle power ensured that the complaint of the petitioner is not entertained. Hence, left with no other option, the petitioner filed the private complaint and now the trial commenced but the respondent is adopting all dilatory tactics and not participating in the trial. Hence, the present petition is filed.

3. The learned counsel for the respondent submitted that PW1 cross examined on 19.06.2026 and thereafter the case is posted on 09.07.2026 for further cross examination. He further submitted that the petitioner as complainant is delaying the progress of the trial and not the respondent. The respondent is ready to cross examine the witnesses then and there without delay. He further submitted that in all probability, on 09.07.2026, the respondent would complete the cross examination of PW1 and as and when the complainant side evidence is closed, he would examine the witnesses on his side and complete his side evidence. He further submitted that the respodnent is ready to co-operate with the trial and he will not be a reason for the delay.

4. In view of the same, this Court directs the trial Court to complete the trial within a period of six months from the date of receipt of a copy of this order. This six months period is only an outer limit.

5. With the above direction, the Criminal Original Petition is disposed of. 23-06-2026 Index: Yes/No Speaking/Non-speaking order RSI To The Judicial Magistrate No.II, Ponneri.

M.NIRMAL KUMAR J.

RSI 23-06-2026