Suresh v. Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.12.2021
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Crl.O.P.Nos.15507 & 14643 of 2021 Suresh ... Petitioner in both Crl.O.Ps.
Versus
The Inspector of Police C-5, Vengal Police Station Thiruvallur District.
... Respondent in both Crl.O.Ps.
PRAYER in Crl.O.P.No.15507 of 2021: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the District and Sessions Court, Tiruvallur, to conduct the trial in SC.No.126 of 2019 pending trial in the above SC as expeditiously as possible.
PRAYER in Crl.O.P.No.14643 of 2021: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to fix an early date for hearing and disposal of the SC.No.125 of 2019 pending before the District and Sessions Court, Tiruvallur. For Petitioner in both Crl.O.Ps. : Ms.V.Kalavani For Respondent in all Crl.O.Ps.
: Mr.E.Raj Thilak Additional Public Prosecutor COMMON O R D E R Crl.O.P.No.15507 of 2021 has been filed to direct the District and Sessions Court, Tiruvallur, to conduct the trial in SC.No.126 of 2019 as expeditiously as possible.
2. Crl.O.P.No.14643 of 2021 has been filed to fix an early date of hearing and disposal of SC.No.125 of 2019, which is pending before the District and Sessions Court, Tiruvallur.
3. The petitioner, who is the accused in SC.Nos.125 & 126 of 2019, has filed these petitions before the before the District and Sessions Court, Tiruvallur. Since those criminal cases are kept pending for almost two years without any progress, the petitioner is unable to get employment in the Police Department. https://hcservices.ecourts.gov.in/hcservices/
4. The learned Additional Public Prosecutor submits that on 25.05.2018, the petitioner along with other accused threw stones on the front and back wind screen glass of a Government Bus for the death of a political leader and hence, a case was registered against them. Challenging the same, the petitioner has filed S.C.Nos.125 and 126 of 2019 in the year 2019. On conclusion of investigation, charge sheet has been filed. The petitioner and the other accused have failed to appear before the Lower Court. Hence, the cases have been periodically adjourned. On 09.03.2021, the petitioner and the other accused appeared and on which date, charges were framed. Thereafter, steps had been taken to secure the witnesses, but the witnesses have not appeared and the cases were posted for examination of the witnesses and summons have been taken. If the trial is conducted regularly, the same can be completed within a period of stipulated time as there are only 14 witnesses and all of them are officials witnesses.
5. In view of the same, this Court directs the trial Court to complete the trial within a period of three months i.e., on or before 30.03.2022 by conducting trial on day to day basis.
6. With the above directions, these Criminal Original Petitions are disposed of.
Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar dna To
1. The District and Sessions Judge, Tiruvallur.
2. The Inspector of Police C-5, Vengal Police Station Thiruvallur District.
3. The Public Prosecutor High Court, Madras.
+2cc to Mr.B.Devakumar, Advocate, S.R.No.63436,63435 Crl.O.P.Nos.15507 & 14643 of 2021 AD(CO) CT/16/12/2021 https://hcservices.ecourts.gov.in/hcservices/