R.Mahalakshmi v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.07.2024

CORAM

THE HON'BLE MR.JUSTICE VIVEK KUMAR SINGH R.Mahalakshmi ... Petitioner Vs.

1.The State rep by The Inspector of Police, CBI, SCB, Chennai.

... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Cr.P.C, praying to fix a time frame to complete the trial in C.C.No.8 of 2016 on the file of the Additional Chief Metropolitan Magistrate, Egmore, by conduct day to day trial. For Petitioner : M/s.R.Mahalakshmi, party in person For Respondent : Mr.K.Srinivasan, Special Public Prosecutor for CBI

JUDGMENT

This Criminal Original Petition has been filed to expedite the trial in C.C.No.8 of 2016 pending on the file of the learned Additional Chief Metropolitan Magistrate, Egmore.

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2. The petitioner is facing trial in C.C.No.08 of 2016 on the file of the Additional Chief Metropolitan Magistrate, Egmore for the offences under Section 509 of IPC and Section 4 of TNPHW Act, 1998. 3.The petitioner who is a party-in-person appeared before this Court and submitted that out of 60 witnesses, only 31 witnesses have been examined. Since this Court, by an order dated 19.09.2022 in Crl.O.P.No.21931 of 2022, directed the trial Court to complete the trial within a period of six months from the next hearing date ie., on 11.10.2022, the trial has not been completed till date. Hence, the present petition has been filed seeking a direction to the learned Chief Judicial Magistrate to expedite the trial proceedings. 4.The learned Special Public Prosecutor for CBI submitted that due to over load of work and due to Covid-19 pandemic situation, there is some delay and some witnesses are residing outside Tamilnadu and the case is at the stage of prosecution evidence. Hence, there may be a direction to the concerned Judge to complete the trial by six months.

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5.Heard the petitioner/party-in-person and the learned special Public Prosecutor for CBI and also perused the materials available on record.

6. It is seen from the records that the case is of the year 2014 and the final report filed by the respondent has been taken up for trial in C.C.No.08 of 2016. Despite lapse of almost 8 years, the case has not come to a logical end. Hence, this Court directs the learned Trial Judge to complete the trial as expeditiously as possible, without giving any unnecessary adjournments to either side, preferably within a period of 6 months from the date of receipt of a copy of this order.

7.With the above directions, this Criminal Original Petition stands disposed of.

05.07.2024 Index : Yes / No Speaking / Non-speaking vkr 3/4

VIVEK KUMAR SINGH, J.

vkr To 1.The Inspector of Police, CBI, SCB, Chennai.

2.The Additional Chief Metropolitan Magistrate, Egmore. 05.07.2024 4/4