Usharani v. Gangadharan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.08.2023 CORAM :

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Usharani .. Petitioner

Versus

1. Gangadharan

2. Babu

3. The State Represented by the Inspector of Police, DCB Thiruvannamalai Police Station, Thiruvannamalai District.

.. Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, directing the learned Judicial Magistrate Court - I, Thiruvannamalai to expedite the trial and dispose of C.C.No.47 of 2018 within a time frame that may be fixed by this Court. For Petitioner : Mr.S.Saravanan For Respondents : Mr.A.Damodaran, Additional Public Prosecutor, for R3 1/4

ORDER

This petition has been filed for a direction to the Court below to expedite the trial and to dispose off C.C.No.47 of 2018 within the time frame fixed by this Court.

2. The learned Additional Public Prosecutor, on instructions, submitted that there are totally two accused persons in this case and A1 is regularly appearing before the Court. Whereas A2 is absconding and N.B.W is pending against him from 06.02.2020 onwards. The learned Additional Public Prosecutor further submitted that steps have been taken against the sureties and in view of this situation, there has been absolutely no progress in the case.

3. Taking into consideration the facts and circumstances of the case and also the submissions made by the learned Additional Public Prosecutor, there shall be a direction to the learned Judicial Magistrate No.I, Thiruvannamalai to proceed further with the case in C.C.No.47 of 2018 and dispose it off within a period of four months from the date of receipt of a copy of this order. If A2 is not able to be secured within a reasonable time, 2/4

the Court below shall split up the case and proceed further with the case insofar as A1 is concerned. However, it is made clear that the respondent Police will secure A2 and shall produce before the Court and the Court below shall initiate proceedings for the cancellation of bail and ensure that the case is completed within the time stipulated by this Court.

4. This Criminal Original Petition is disposed off with the above directions.

30.08.2023 Index : yes/no Speaking order/Non-speaking order : yes/no grs To

1. The Judicial Magistrate Court - I, Thiruvannamalai.

2. The Inspector of Police, DCB Thiruvannamalai Police Station, Thiruvannamalai District.

3. The Public Prosecutor, High Court of Madras.

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N.ANAND VENKATESH, J.

grs 30.08.2023 4/4