M.E.Mariyappan v. State Rep By,

1/5

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-06-2026

CORAM

THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR M.E.Mariyappan Petitioner(s) Vs The Inspector of Police, F3,Nungambakkam Police Station, Nungambakkam, Chennai.

Respondent(s) PRAYER Petition filed under Section 528 of BNSS, 2023, praying to direct the trial court XIV Metropolitan Magistrate/Judicial Magistrate, Egmore, Chennai 600 008 to dispose case in C.C.No.2050/2017 within a stipulated time frame fixed by this Court.

For Petitioner(s):

Mr.N.Elayaraja For Respondent(s):

Mr.R. Rajasekaran Counsel for Government of Tamil Nadu (Criminal Side)

ORDER

The petitioner/accused, who is facing trial in C.C. No. 2050 of 2017 for offences punishable under Sections 341, 294(b), 447, 452, 427, and 506(i) read

2/5 with Section 34 of IPC, has filed this petition seeking a direction to the Trial Court to conclude the trial and dispose of the case within a stipulated time frame.

2.The learned counsel for the petitioner submitted that in the present case, PW1 and PW2 were examined on 18.12.2019, PW3 was examined on 22.01.2020, and thereafter, LW13 was examined as PW4, and LW6, LW7, and LW8 were dispensed with. It is further submitted that only two more witnesses, namely LW14 and LW15, remain to be examined. The learned counsel further submitted that he had filed a petition to recall PW1 and PW4 for crossexamination, which was allowed on 03.08.2022. However, for more than three and a half years, the remaining witnesses have not been produced by the respondent police.

3.The learned counsel for the Government of Tamil Nadu submitted that in the present case, the learned Additional Public Prosecutor attached to the XIV Metropolitan Magistrate Court is on maternity leave, and hence the witnesses could not be produced. He fairly submitted that there has been some delay on the part of the prosecution and assured that the witnesses, including the recalled witnesses, would be produced before the Trial Court.

3/5 4.He further submitted that there are four witnesses, namely PW1 to PW4, who are to be produced for cross-examination on 24.06.2026. The case is to be listed on that date for the purpose of producing PW1 to PW4, and the petitioner may cross-examine them on the same day without delay. He further submitted that the remaining two witnesses would be produced thereafter without further delay.

This Criminal Original Petition is disposed of with a direction to the Court below to complete the proceedings in C.C.No.2050 of 2017, within a period of six months from the date of receipt of copy of this order. 09-06-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes ssr

4/5 To 1.The XIV Metropolitan Magistrate/Judicial Magistrate, Egmore, Chennai 600 008 2.The Inspector of Police, F3,Nungambakkam Police Station, Nungambakkam, Chennai.

5/5 M.NIRMAL KUMAR J.

ssr 09-06-2026