Madras High CourtCRL OP/18797/2016closed

Boopathiammal v. The Inspector Of Police

2016-08-23Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 23.08.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP.No.18797 of 2016 Boopathiammal ...

Petitioner Vs State rep.by The Inspector of Police, Chennimalai Police Station, Chennimalai, Erode District.

...

Respondent (Crime No.75/14) Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the respondent to complete the trial within a stipulated period that may be fixed by this Hon'ble Court in CC No.117 of 2014 on the file of the learned District Munsif -cum- Judicial Magistrate, Perundurai, Erode District.

For Petitioner :Mr.M.Saravanakumar For Respondent :Mr.C.Emalias, Additional Public Prosecutor

ORDER

This criminal original petition has been filed seeking a direction to the respondent to complete the trial in CC No.117 of 2014 on the file of the learned District Munsif -cumJudicial Magistrate, Perundurai, Erode District.

2. When the matter is taken up for hearing, the learned Additional Public Prosecutor submitted that the case is posted on 25.10.2016 for giving evidence of LW1 & LW2.

3. In view of above submission, LW1 & LW2 are directed to appear before the trial Court for giving evidence and the trial Court is directed to complete the trial within a period of three months thereafter.

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4. The trial Court shall ensure that the witnesses are cross examined on the same day, they are examined-in-chief as directed by the Supreme Court in Vinoth Kumar vs. State of Punjab [2015(1) MLJ (crl) 288]. If the accused adopts any dilatory tactics, it is open to the trial Court to remand him to custody in terms of the law laid down by the Supreme Court in State of Uttar Pradesh v. Shambjunath Singh [JT 2001 (4) SC 319]. Consequently, connected miscellaneous petition is closed. With the above directions, the criminal original petition is closed.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar sms To 1.The District Munsif -cum- Judicial Magistrate, Perundurai, Erode District.

2.The Inspector of Police, Chennimalai Police Station, Chennimalai, Erode District.

3.The Chief Judicial Magistrate Erode 4.The Public Prosecutor, High Court, Chennai.

+1 cc to Mr.M.Saravanakumar Advocate sr 47935 Crl.OP.No.18797 of 2016 aa15/09/2016 https://hcservices.ecourts.gov.in/hcservices/