Kannan v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.07.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Kannan ... Petitioner Vs.

The State Rep.by The Inspector of Police, Civil Supplies, Crime Investigation Department, Thiruvallur Police Station, Thiruvallur District.

Crime No.196/2016 ... Respondent Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, pleased to direct the respondent to conduct fair trial in C.C.No.339 of 2019 on the file of the Judicial Magistrate-I, Thiruvallur against the petitioner within a time frame For Petitioner : Mr.S.John Josh For Respondent : Mr.S.Udayakumar Government Advocate (Crl.Side)

O R D E R

The petitioner is one of the accused in C.C.No.339 of 2019 on the file of the Judicial Magistrate No.1, Thiruvallur. Totally 10 accused 1/4

facing trial in this case and the petitioner is A9. This Criminal Original Petition is filed to expedite the trial and complete it within time frame. 2.

This Court is unable to entertain this petition for two reasons, first reason is that the Hon'ble Supreme Court has held that the trial Courts cannot be compelled to complete the trial within the time frame without considering the ground reality. Secondly, the records indicates that out of 10 accused, one after another in turn absent from appearing before the Court and Non Bailable Warrant been issued and recalled. In such circumstances, no direction to the trial Court can be issued to complete the trial within the given time frame. Hence this Criminal Original Petition is dismissed.

12.07.2024 Index : Yes/No rpl To 1.The Inspector of Police, Civil Supplies, Crime Investigation Department, Thiruvallur Police Station, Thiruvallur District.

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

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Dr.G.JAYACHANDRAN,J.

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