R.Palani v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.09.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.NO.15976 OF 2021 R.Palani.

... Petitioner

Versus

The State Rep by The Inspector of Police Pochampalli Police Station, Krishnagiri District.

Crime No. 174/2021.

... Respondent PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned District Munsif-cum-Judicial Magistrate Court, Pochampalli to dispose the case in C.C.No.71 of 2011 as expediously as possible within the period of time stipulated by this Hon'ble Court. For Petitioners :

Mr.K.Balaji.

For Respondents :

Mr.A.Damodharan, Government Advocate (crl.side)

ORDER

The petitioner/PW4, who lodged a complaint, has filed this petition, seeking expeditious completion of C.C.No.71 of 2011, which is pending for trial, before the District Munsifcum-Judicial Magistrate, Pochampalli.

2. The contention of the petitioner is that the accused in this case had earlier filed a discharge petition, which came to be dismissed. Challenging the same, they filed a revision in CRL.R.C.No.963 of 2012 before this Court and this Court by an order dated 19.06.2019 dismissed the revision and directed the trial Court to complete the trial in C.C.No.71 of 2011 within a period of 2 months. Thereafter, no substantial progress had been made and the case had been unnecessarily adjourned for longer period.

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3. The learned Government Advocate (crl.side) appearing for the respondent submitted that in this case, L.W.1 to L.W.9 listed as witnesses. Out of which, L.W.1 passed away. P.W.1 to P.W.7 had been examined. Now the case is posted for examination of Investigation Officer on 18.10.2021 and summons issued to the Investigation Officer. On that date, Investigation Officer would be examined and the evidence on the side of the prosecution will be completed and be ready with arguments.

4. This Court considered the submissions made on either side and perused the materials available on records carefully.

5. This Court finds that the case is at the penultimate stage and it is posted for examination of the Investigating Officer. Earlier, this Court, in Crl.R.C.No.963 of 2012 directed the trial Court to complete the trial within a period of 2 months.

6. In view of the same, the trial court is directed to complete the trial and dispose the case in C.C.No.71 of 2011 as early as possible, preferably, within a period of 3 weeks from the date of receipt of a copy of this order.

7. With the above directions, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar mrp Note : Issue order copy by 21.09.2021 To 1.The District Munsif-cum-Judicial Magistrate, Pochampalli1.

2.The Inspector of Police Pochampalli Police Station, Krishnagiri District.

3.The Public Prosecutor, High Court, Madras.

+1cc to M/S.K.Balaji, Advocate SR.NO.46309 CRL.O.P.No.15976 of 2021 PA(CO) PM/21/09/2021 https://hcservices.ecourts.gov.in/hcservices/