R.Gopinathan v. State Rep.By,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27-04-2026
CORAM
THE HON'BLE MR JUSTICE M. NIRMAL KUMAR R.Gopinathan ..Petitioner(s) Vs State rep.by, Inspector of Police, CBCID, Coimbatore District.
Cr.No.1 of 2014.
..Respondent(s) To pass an order of direction to expedite the trial in CC.No.2388 of 2023 pending on the file of the learned Chief Judicial Magistrate, Coimbatore District.
For Petitioner(s):
Mr.S.Ashok Kumar, Senior Counsel for M/s.A.Sasidharan For Respondent(s):
Mr.L.Baskaran, Govt. Advocate (Crl. Side)
ORDER
This Criminal Original Petition has been filed seeking a direction to expedite the trial in CC.No.2388 of 2023, pending on the file of the learned Chief Judicial Magistrate, Coimbatore District.
2. The petitioner, who is the defacto complainant, lodged a complaint and based on which a case in Crime No.1 of 2014 was registered. On completion of investigation, a charge sheet was filed and taken on file as C.C.No.2388 of 2023. There are totally 81 listed witnesses in this case.
3. The case of the prosecution is that A1 and the defacto complainant were engaged in real estate business. When some dispute arose, A1, with the aid of A2 to A13, decided to resolve the issue illegally by trespassing into the residence of the defacto complainant with weapons, abducted him, wrongly confined him, and threatened him. It is further alleged that they forcibly obtained his signatures on blank stamp papers and bond sheets with the intention of using them as valuable securities. A2 to A10 were armed with wooden logs and committed the offence. A3 and A5, who are Police officials, are alleged to have coordinated and facilitated the commission of the offence. The case was initially registered by the Thudiyalur Police and later finding the active role played by the Police officials and others, the case was transferred to CBCID. The CBCID after conducting investigation filed the charge sheet in this case.
4. The learned Senior Counsel appearing for the petitioner submitted that there are 13 accused in the case and they have been alternatively absenting themselves and not permitting the Trial Court to proceed further and charges are
yet to be framed. The case is posted on 06.05.2026 for framing of charges. Hence, he sought a direction to ensure expeditious framing of charges and completion of trial within a stipulated time.
5. The learned Government Advocate (Crl. Side) submitted that there are thirteen accused in this case. Out of the thirteen accused, two are Police officials. He submitted that no discharge petitions have been filed by any of the accused so far. However, there is an apprehension that such petitions may be filed to protract the proceedings. Hence, he is unable to give fixed time for examination of the witnesses. He submitted that any event, all the 81 witnesses will be examined without any further delay, once the charges are framed.
6. In view of the above submissions, this Court directs that, in the event of any discharge petition being filed, the same shall be considered and disposed of expeditiously in accordance with Section 250 of BNSS. If no such discharge petition is field, the Trial Court shall ensure the presence of all the accused appear on 06.05.2026 and proceed to frame charges on that date. In any event, the trial shall be proceed without any delay after framing of charges and trial to be concluded within a period of one year.
7. Considering that cases under the Prevention of Corruption Act have been transferred from the Court of the Chief Judicial Magistrate to the Principal
District Court, thereby reducing the accumulation of pending cases, the Trial Court is directed to list the case at least once a week and ensure steady progress.
8. Accordingly, this Criminal Original Petition is disposed of. 27-04-2026 Index: Yes/No Speaking/Non-speaking order PVS
To
1. The Chief Judicial Magistrate, Coimbatore District
2. The Inspector of Police, CBCID, Coimbatore District.
Cr.No.1 of 2014.
3. The Public Prosecutor, High Court, Madras.
M.NIRMAL KUMAR, J.
PVS 27-04-2026