T.V. Ramesh Kumar v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.04.2024

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI Ramesh Kumar .. Petitioner/Defacto-Complainant Vs.

The State represented by the Inspector of Police, All Women Police Station, Vellore, Vellore District.

.. Respondent PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure Code, seeking a direction to the Hon'ble Principal District Sessions Judge, Nagapattinam to complete the trial in S.C.No.64/2023 within a time frame fixed by this Hon'ble Court. For Petitioner : Mr.Prabakaran, Senior Counsel for Mr.M.A.Gouthaman For respondent : Mr.K.M.D.Muhilan, Government Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed seeking to direct the learned Principal District Sessions Judge, Nagapattinam to complete the trial in S.C.No.64/2023 within the time frame that may be stipulated by this Court.

2. It is the case of the prosecution that the petitioner had lodged a complaint against the accused persons before the law enforcing agency for the offences punishable under Sections 147, 148, 449, 307, 302, 149, 120B, 109 and 201 of I.P.C, based on which, the law enforcing agency registered a case in Crime No.288/2022, conducted investigation and filed a charge sheet before the trial court in S.C.No.64 of 2023. However, till date, the trial has not been concluded. Hence, the present petition.

3. Learned counsel for the petitioner submitted that inspite of the charge sheet having been filed in the year 2023, till date, the trial has not been concluded due to non-cooperation of the accused persons. Hence, this Court may issue a direction to the trial court to conclude the trial

pending on the file of the Principal District Sessions Judge, Nagapattinam in S.C.No.64/2023 within the time that may be stipulated by this Court by complying the provisions prescribed under section 309 of Cr.P.C.

4. Learned Government Advocate appearing for the respondent police submitted that the trial will be concluded within the time that may be stipulated by this Court by strictly adhering the provisions prescribed under Section 309 of Cr.P.C.

5. In view of the limited relief sought for by the petitioner, this Court without expressing any opinion on the merits of the case, is inclined to issue a direction to the trial court to conclude the trial in S.C.No.64 of 2023 by strictly complying with the provisions prescribed under section 309 of Cr.P.C within a period of six months from the date of receipt of a copy of this order and the prosecution and accused are directed to extend their cooperation for expeditious conslusion of the trial.

6. Accordingly, this Criminal Original Petition stands disposed of with the above direction.

22.04.2024 NHS To The Inspector of Police, All Women Police Station, Vellore, Vellore District.

M.DHANDAPANI, J.

NHS 22.04.2024