A.Rangappan v. State Rep.By, The Assistant Commissioner Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.04.2025
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.M.P.No.6899 of 2025 in Crl.O.P.No.4670 of 2024 A.Rangappan ... Petitioner Vs.
State rep by The Assistant Commissioner of Police, Anti Land Grabbing Team-I, Central Crime Branch Vepery, Chennai 600 007. ..Respondent PRAYER: Criminal Miscellaneous Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to direct learned XXV Metropolitan Magistrate, Egmore, Chennai to comply the order dated 28.02.2024 passed by this Court in Crl.O.P.No.4670 of 2024 within the time limit fixed by this Court to complete the trial in C.C.No.5083 of 2023 pending on the file of the XXV Metropolitan Magistrate, Egmore, Chennai.
For Petitioner : Mr.V.S.Senthilkumar
For Respondent : Mr.R.Vinothraja, Government Advocate (crl.side)
O R D E R
This Criminal Miscellaneous Petition has been filed to direct the learned XXV Metropolitan Magistrate, Egmore, Chennai, to comply with the order dated 28.02.2024 passed by this Court in Crl.O.P.No.4670 of 2024, within the time limit fixed by this Court and to complete the trial in C.C.No.5083 of 2023 pending on the file of the XXV Metropolitan Magistrate, Egmore, Chennai.
2. The learned counsel for the petitioner submits that the trial is being delayed on the ground that Accused Nos. 1 and 2 filed discharge applications, which were subsequently dismissed. Aggrieved by the dismissal of the discharge applications, they have preferred a revision before this Court, which is currently pending without any interim order. However, the learned Trial Court has cited the pendency of the revision and has stated that it is unable to proceed with the trial due to the same.
3. Heard both sides and perused the materials placed before this Court.
4. This Court observes that the mere pendency of a revision petition, in the absence of any interim order, does not constitute an impediment for the Trial Court to proceed with the trial. The Trial Court is required to comply with the directions issued by this Court in Crl.O.P.No.4670 of 2024, dated 28.02.2024.
5. In view of the above, the learned XXV Metropolitan Magistrate, Egmore, Chennai, is hereby directed to proceed with the trial in C.C.No.5083 of 2023 in accordance with the order passed by this Court in Crl.O.P.No.4670 of 2024, dated 28.02.2024, and complete the trial within a period of six months from the date of receipt of a copy of this order. Accordingly, this Criminal Miscellaneous Petition is ordered. 07.04.2025 : Yes/No Speaking/non-speaking order shk
G.K.ILANTHIRAIYAN, J.
shk To
1. The XXV Metropolitan Magistrate, Egmore, Chennai. 2.The Assistant Commissioner of Police, Anti Land Grabbing Team-I, Central Crime Branch Vepery, Chennai 600 007.
3. The Public Prosecutor, High Court, Madras.
Crl.M.P.No.6899 of 2025 in Crl.O.P.No.4670 of 2024 07.04.2025