K.Rajagopal v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.08.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.14198 of 2021 K.Rajagopal

...Petitioner

Vs.

The State rep.by its The Inspector of Police, DCB/ALGSC Krishnagiri District.

(Crime No.13 of 2015)

...Respondent

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned District Munsif cum Judicial Magistrate No.1, Hosur to dispose the C.C.No.31 of 2019 as expeditiously as possible within a period of stipulated time.

For Petitioner :

Mr.M.Mohamed Riyaz For Respondent :

Mr.A.Damodaran Government Advocate (Crl. Side)

ORDER

The petitioner, who is the defacto complainant in Crime No.13 of 2015, has filed this petition seeking expeditious disposal of C.C.No.31 of 2019.

2.The contention of the learned counsel for the petitioner is that in this case, FIR came to be registered in the year 2015. Thereafter, charge sheet was made ready on 31.10.2015 but the same has been filed before the lower Court only during December, 2019. The respondent police have not taken any effective steps. After the lapse of two years, there is no progress in the trial and the proceedings, which is still pending at the stage of service of summons.

3.The learned Government Advocate (Crl.side) submits that in this case, totally there are 11 accused. A10 & A11 died and the death certificate has also been produced. As regards A7 & A8, summons are yet to be served. Next hearing date is on https://hcservices.ecourts.gov.in/hcservices/

07.10.2021 and by the time the summons would be served and if the accused are needed, steps would be taken for securing the accused even by resorting to coercive methods. He further submits that totally there are 18 witnesses and all are hailing within the District of Krishnagiri and within a time frame, the trial would be completed.

4.Considering the submissions and the materials, this Court directs the trial Court to complete the trial within a period of six months on appearance or on completion of service. 5.With the abovesaid direction, the criminal original petition is disposed of.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar sms To

1. The Judicial Magistrate No.1, Hosur.

2. The Inspector of Police, DCB/ALGSC, Krishnagiri District.

3. The Public Prosecutor, High Court, Madras.

+1 CC to Mr.M.Mohamed Riyaz, Advocate, Sr.No. 40620. CRL.O.P.No.14198 of 2021 PMK(CO) LS(08/09/2021) https://hcservices.ecourts.gov.in/hcservices/