Poongavanam v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.04.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Crl.O.P.No.8336 of 2021 Poongavanam ... Petitioner/Accused A4 Vs.

Inspector of Police, D6 M.M.Nagar Police Station, Kancheepuram District.

...Respondent/Complainant

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the Learned Judicial Magistrate II through Court at Changalpattu to dispose the C.C.No.230/2014 within the time stipulated by this Hon'ble Court as expeditiously as possible.

For Petitioner : Mr.D.Prasanna For Respondent : Mr.M.Mohamed Riyaz, Additional Public Prosecutor *****

O R D E R

(Through Video Conferencing) The petitioner is A4 in C.C.No.230 of 2014 filed a petition seeking a direction to the Learned Judicial Magistrate No.II at Changalpattu to complete the trial within the stipulated time. 2.Since the case is pending from the year 2014. It is seen from the adjudication, the co-accused in this case are the reason for the delay in proceeding the case till 25.03.2021 and NBW has been pending against the co-accused only on 25.03.2021. NBW has been pending against A5, A7, A9 & A10 have been recalled. Thereafter, the case was posted for summons to L.W.1 to L.W.3 on 20.04.2021. On 20.04.2021, witnesses could not be produced before the learned Judicial Magistrate No.II at Changalpattu. Hence, the case has been posted to 21.05.2021 for appearance of L.W.1 to L.W.3.

3.The Additional Public Prosecutor submits that there are totally 12 witnesses in this case and the witnesses would be produced without any delay. The petitioner and the other accused shall continue to cross examine the witnesses then and there and not cause for further delay.

4.The learned counsel for the petitioner on instructions submits that she undertakes to cross examine the witnesses then https://hcservices.ecourts.gov.in/hcservices/

and there without any delay and the accused should not be cause for further delay.

5.In view of undertaking given by the petitioner, that to co-operate and to complete the trial and to cross examine the witnesses when they appeared and also the submission made by the Additional Public Prosecutor that the witnesses will be produced without any delay, the Trial Court is directed to complete the trial within a period of four months from the date of receipt of a copy of this order if the accused adopt any dilatory tactics in delaying the trial any further, coercive action will be taken against him.

6.This Criminal Original Petition is disposed of with the above directions.

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

1. The Inspector of Police, D6 M.M.Nagar Police Station, Kancheepuram District.

2. The Public Prosecutor, Madras High Court, Chennai.

+1cc to Mr.D.Prasanna, Advocate, S.R.No.26714 Crl.O.P.No.8336 of 2021 GSM(CO) SU(13/07/2021) https://hcservices.ecourts.gov.in/hcservices/