L.Parthasarathy, M/A 60 Years, v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.06.2018

CORAM

THE HON'BLE MR.JUSTICE P.N.PRAKASH Crl.O.P. No.12195 of 2018 L.Parthasarathy

...Petitioner/Defacto Complainant

vs.

State rep. by Sub-Inspector of Police Central Crime Branch II, Team-I, Office of the Commissioner of Police Egmore, Chennai-600 008

...Respondent/Complainant

Criminal Original Petition filed under Section 482, Cr.P.C. seeking a direction to the Judicial Magistrate, Alandur, to take up the criminal case in C.C.No.382 of 2012 for trial and dispose of the same as early as possible preferably within three months. For petitioner : Mr.S.Senthilnathan For Respondent : Mr.C.Raghavan Government Advocate (Crl. Side)

O R D E R

This Criminal Original Petition has been filed seeking a direction to the Judicial Magistrate, Alandur, to take up the criminal case in C.C.No.382 of 2012 for trial and dispose of the same as early as possible, preferably within three months.

2. Taking into consideration the nature of the allegations in the charge sheet and number of accused and witnesses, this Court, directs the Judicial Magistrate, Alandur, to complete the trial in C.C.No.382 of 2012 within a period of six months from the date of receipt of a copy of this order, provided there is no other legal impediment. If the accused abscond, a fresh FIR can be registered against them under Section 229-A IPC. The accused shall cross-examine the witnesses on the day, they are examined in chief, as held by the Supreme Court in Vinod Kumar Vs. State of Punjab, 2015 (1) MLJ (Crl.) 288. If the accused adopt any dilatory tactics, they can be remanded to the custody in the light of the law laid down by the Supreme Court in State of Uttar Pradesh v. Shambhu Nath Singh [JT 2001 (4) SC 319]. https://hcservices.ecourts.gov.in/hcservices/

With the above direction, this petition is ordered, accordingly.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar mk To 1.

The Judicial Magistrate, Alandur 2.

The Sub-Inspector of Police Central Crime Branch II, Team-I, Office of the Commissioner of Police Egmore, Chennai-600 008.

3.

The Public Prosecutor High Court, Madras.

+2 ccs to Mr.S.Senthil Nathan Advocate sr 36214 Crl.O.P. No.12195 of 2018 aa20/06/2018 https://hcservices.ecourts.gov.in/hcservices/