Loganathan v. The State Rep By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05-06-2026
CORAM
THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR Loganathan S/o.M.Dhanapalan Block No.12 Rahul Balaji Enclave, Kallikuppam, Ambattur, Chennai 600 053.
Also at 2/319 A, Mannai Main Road, Kottarakkudi Kalyanamahadevi Post, Thiruvarur District 613 704.
Petitioner(s) Vs The State, Represented by Its The Inspector of Police, All Women Police Station, Mannargudi, Thiruvarur District 614 001.
Respondent(s) PRAYER: Criminal Original Petition filed under Section 528 of BNSS, 2023, to pass an order SPEEDY TRIAL directing the Learned
Judicial Magistrate No.I, Mannargudi, Tiruvarur to dispose of the case in C.C.No.194 of 2022 pending before the Learned Judicial Magistrate No.I, Mannargudi, Tiruvarur expeditiously within a stipulated period.
For Petitioner(s): Mr.Mahesh Kumar For Respondent(s):
Mr.R.Rajasekaran Government Advocate (Crl.Side)
ORDER
Pursuant to the order dated 16.04.2026 passed by this Court, the respondent visited the residence of the de facto complainant and enquired with her father namely, N.Murthy. He furnished a letter dated 18.04.2026, stating that his daughter/de facto complainant has been residing in London for the past three years, where she completed her studies in Ulster University (London Campus) and is presently searching for employment. He further stated that, she would return to India during the month of May. The said letter dated 18.04.2026 has been scanned and is annexed hereunder:
2. The learned Government Advocate (Crl.Side) appearing for the respondent submitted that, despite the undertaking given by the de facto complainant's father, the de facto complainant has not yet returned from London and has not appeared before the trial Court. It is further submitted that the case is posted on 19.06.2026.
3. Heard both sides and perused the materials available on record.
4. In view of the submissions and considering the facts and circumstances of the case, the trial Court is directed to take appropriate steps to examine the de facto complainant through video conferencing or the trial Court may defer the examination of LW1 and proceed with the examination of the other witnesses, and examine LW1 as and when she returns to India. If the trial Court finds that the de facto complainant is deliberately delaying and protracting the proceedings, then the trial Court shall take appropriate steps in accordance with law to dispense her examination and proceed to conclude the trial.
5. The aforesaid exercise shall be completed, within a period of nine (9) months from the date of receipt of a copy of this order.
6. With the above directions, this Criminal Original Petition is disposed of.
05-06-2026 Jd To
1. The Learned Judicial Magistrate No.I, Mannargudi, Tiruvarur.
2. The Inspector of Police, All Women Police Station, Mannargudi, Thiruvarur District 614 001.
3. The Public Prosecutor, High Court of Madras.
M.NIRMAL KUMAR J.
jd 05-06-2026