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Madras High CourtCRL OP/19562/2021disposed of with direction

Arumugam v. The State Of Tamil Nadu Rep.By Its

2022-07-07Honourable Dr Justice G. Jayachandran5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.07.2022

CORAM:

THE HONOURABLE Dr. JUSTICE G.JAYACHANDRAN 1.Arumugam 2.Jayasudhan 3.Rajesh 4.Kumar 5.Govindharaj 6.Nattar @ Raju 7.Adhimoolam ..Petitioners Vs.

The State of Tamil Nadu, Rep by its Station House Officer, Arumbavoor Police Station, Crime No.214 of 2015 ..Respondent PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to set aside the docket order dated 07.08.2021 made in Crl.M.P.No.586 of 2021 in Spl.S.C.No.24 of 2019, pending on the file of the District Sessions Special Judge of SC/ST, Perambalur and direct splitting up of the case in so far as these petitioners/accused are concerned and complete the trial within a time frame. Page 1/5

For petitioners : Mr.R.Veeramani For Respondent : Mr.N.S.Suganthan Government Advocate (Crl.Side)

ORDER

This Criminal Original Petition is filed by the accused 2 to 5 and 7 to 9 in Spl.S.C.No.24 of 2019 on the file of the Special Court for SC and ST (Prevention of Atrocities) Act, Perambalur, being aggrieved by the dismissal of their petition seeking split up of the case from A.6.

2. According to these petitioners, in view of the interim stay granted by this Court in the petition filed by A6, the trial Court is not proceeding with the trial though there is no stay of proceedings as far as these petitioners are concerned. The trial Court citing the pendency of the quash petition pending in High Court filed by the co-accused had declined to split up the case against the remaining accused and the said order dated 07.08.2021 is subjected to challenge before this Court in this petition.

3. Today, it is reported that the case has already been split up and assigned Spl.S.C.No.27 of 2022. Since the petition filed by the co-accused namely Page 2/5

A6 also disposed of today vide separate order in Crl.O.P.No.1988 of 2019, there is no impediment to the trial Court to proceed against these petitioners in the split up Spl.S.C.No.27 of 2022. Therefore, the petition No.19562 of 2021 is disposed of with a direction to the trial Court to complete the trial preferably within four months.

4. In the result, the Crl.O.P.No.19562 of 2021 filed by A2 to 5 and A7 to 9 is disposed of with a direction to complete the trial expeditiously, preferably within a period of four (4) months from the date of receipt of a copy of the order. 07.07.2022 Index : Yes/No 2/2 Internet :Yes/No.

Speaking order/Non-speaking order rpl To, 1.The District Sessions Special Judge of SC/ST, Perambalur. 2.The Judicial Magistrate Court, Perambalur. 3.The Deputy Superintendent of Police, Perambalur, Page 3/5

4.The Inspector of Police, Arumbavoor Police Station, 5.The Public Prosecutor, High Court, Madras.

Page 4/5

Dr.G.JAYACHANDRAN,J.

rpl 07.07.2022 Page 5/5