Madras High CourtCRL OP/26489/2015disposed of

Vaiyapuri v. State Rep By

2015-11-19Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.11.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.26489 of 2015 Vaiyapuri

...Petitioner

Vs State rep. By Inspector of Police Valavanthi Nadu Police Station Namakkal District (Crime No.30 of 2007)

...Respondents

Criminal Original Petition filed under Section 482 Cr.P.C. to direct the learned Judicial Magistrate No.II, Namakkal to complete the trial in C.C.No.141 of 2010 within the time to be fixed by this Court.

For Petitioner :

Mr.A.E.Lakshmi Narayanan For Respondents :

Mr.C.Emalias, Additional Public Prosecutor

O R D E R

The present criminal original petition has been filed seeking a direction to the learned Judicial Magistrate No.II, Namakkal to complete the trial in C.C.No.141 of 2010 within the time frame to be fixed by this Court.

2. The petitioner is arraigned as Accused No.1 in C.C.No.141 of 2010 pending before the learned Judicial Magistrate II, Namakkal. He is facing the trial for offences under Sections 409 r/w. 109 IPC. The accused were furnished with the copies on 03.12.2010 and the questioning was done on 10.12.2010. The examination of PW1 was completed on 16.09.2014 and Pws 2 to 4 were examined on 22.01.2015 and now the case stands posted for examination of PW5. It is submitted by the petitioner that now, after a lapse of six years, an application https://hcservices.ecourts.gov.in/hcservices/

under Section 91 Cr.P.C in C.M.P.No.4377 of 2015 was filed by the prosecution on 31.07.2015 for production of seized articles by PW1, the Village Administrative Officer. Hence, the petitioner has filed the present petition seeking a direction to the learned Magistrate to complete the trial within a short period.

3. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor representing the respondent.

4. Considering the facts and circumstances of the case, this Court directs the trial Court to expedite the trial and dispose of the petition filed under Section 91 Cr.P.C within a period of three weeks from the date of receipt of a copy of this order and also complete the trial within a period of six months thereafter.

5. The Criminal Original Petition is disposed of accordingly.

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

1. The Judicial Magistrate No.II, Namakkal.

2. The Inspector of Police Valavanthi Nadu Police Station Namakkal District

3. The Public Prosecutor High Court, Madras.

1 CC to Mr.A.E.Lakshmi Narayanan, Advocate SR.No. 63136 Crl.O.P.No.26489 of 2015 KGK (CO) PSI (26.11.2015) https://hcservices.ecourts.gov.in/hcservices/