Vignesh v. Home, Prohibition And Excise Department

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.06.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Crl.O.P.No.13868 of 2024 Vignesh ... Petitioner Vs.

The Inspector of Police Rasipuram Police Station, Rasipuram, Namakkal District.

... Respondent Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the Judicial Magistrate Court, Rasipuram, to dispose of the case in CC.No.241 of 2020, within a specific time. For Petitioner : Mr.B. Jawahar For Respondent : Mr.S.Udaya Kumar Government Advocate (Crl.Side)

O R D E R

The petitioner herein is the sole accused in C.C.No.241 of 2020 pending on the file of Judicial Magistrate, Rasipuram. Seeking indulgence of this court for a direction to speedy disposal of the case, the present petition is filed under Section 482 of Cr.P.C., 1/4

2. According to the petitioner, the case been pending at part heard stage for examining further witnesses in the prosecution. Since there is no progress, the petitioner is constrained to approach this court for the relief mentioned above.

3. Learned Government Advocate (Crl.Side) appearing for the respondent submitted that the delay status of the case clearly shows that after examining two witnesses, the petitioner who is a sole accused, failed to appear before the court and NBW was issued against him.

4. After four hearings only, recently warrant was recalled vide order dated 18.06.2024. This petition is filed when NBW was pending against him suppressing the said fact that this court, verifying the records, finds that this petition to expedite the trial, been filed on 10.06.2024, whereas warrant issued against him was recalled on 24.05.2024. The delay in proceeding with trial is attributable to the petitioner herein who had failed to appear before the court and invited NBW. Therefore, the petitioner cannot find fault with the trial court or the prosecution for the delay. Hence, the petition seeking expeditious trial stands dismissed. The dismissal of the petition shall not stand in the way 2/4

of the Investigation Officer or the court to examine the witnesses as per their schedule and complete the trial.

14.06.2024 Index : Yes/No Speaking / Non-Speaking order gv To 1.The The Inspector of Police Rasipuram Police Station, Rasipuram, Namakkal District.

2.The Public Prosecutor, High Court of Madras, Chennai.

Dr.G.JAYACHANDRAN,J.

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gv Crl.O.P.No.13868 of 2024 14.06.2024 4/4