Dr.K.Velusamy v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.08.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

1. Dr. K. Veluswamy .. Petitioner/L.W.1/De-facto Complainant Vs.

1. State By:

The Inspector of Police S-7 Madipakkam Police Station, Keelkattalai, Chennai .. 1st Respondent/Complainant/Complainant

2. Poonusamy

3. Vaidiyanathan

4. Sekar

5. Thavakumar

6. Joseph Raj

7. Jeganathan

8. Arumugam ..Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the Learned Judicial Magistrate Court - II, Alandur to complete the trial in C.C.No. 1086 of 2016 pending on the file of the Learned Judicial Magistrate Court - II, Alandur within a specific time fixed by this Hon'ble Court.

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For Petitioners : M/S.K.R. Ramesh Kumar For Respondent No.1 : A. Damodaran Addl. Public Prosecutor

O R D E R

This petition has been filed for a direction to the Court below to complete the trial in CC No.1086 of 2016 within the time frame fixed by this Court.

2.

Heard Mr.K.Mohan, learned counsel for the petitioner and Mr.A.Damodaran, learned Additional Public Prosecutor appearing on behalf of respondents.

3.

The grievance of the petitioner is that there has been absolutely no progress in this case pending before the Court below from the year 2016 onwards.

4.

The learned Additional Public Prosecutor submitted that there are totally seven accused persons in this case and that summons is yet to be served on A2, A3 and A4. Therefore, the case is now at the stage of 2/5

service of summons to some of the accused persons. 5.

In the considered view of this Court, the Calendar case is of the year 2016 and it is not known as to why the case still continues to be at the stage of service of summon to some of the accused persons for the last seven years. The Court below is expected to expedite the process of service of summons on the accused persons. If the accused persons are evading the receipt of summons, the Court below has to necessarily issue non-bailable warrant and secure the accused persons. The Court below cannot sleep over the matter for nearly seven years.

6.

In the light of the above discussion, there shall be a direction to the Court below to complete the trial in CC No.1086 of 2016 within a period of six months from the date of receipt of a copy of this order. The Court below shall send a compliance report after the completion of the trial.

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7.

This Criminal original petition is disposed of with the above directions.

07.08.2023 Index : Yes/No Speaking order:Yes/No rka To

1. Judicial Magistrate Court - II, Alandur w

2. State By:

The Inspector of Police S-7 Madipakkam Police Station, Keelkattalai, Chennai.

3. The Public Prosecutor, High Court, Madras 4/5

N.ANAND VENKATESH, J rka 07.08.2023 5/5