Shoba v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.09.2024

CORAM

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

The Inspector of Police, District Crime Branch, Kancheepuram, Crime No.11 of 2006.

... Respondent Prayer: Criminal Original Petition is filed under Section 528 of BNSS, 2023, to issue an order of direction to expedite the trial in C.C.No.94 of 2020 pending on the file of the Judicial Magistrate No.I, Kancheepuram. For Petitioner : Mr.N.Umapathi For Respondent : Mr.K.M.D.Muhilan Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition is filed to expedite the trial in C.C.No.282 of 2008 on the file of the Judicial Magistrate Court No.II, Kancheepuram, which was transferred to Judicial Magistrate Court No.I, Kancheepuram and renumbered as C.C.No.94 of 2020. 1/4

2. Learned counsel appearing for the petitioner/de-facto complainant submits that the case is pending for more than 15 years, due to transfer of the case from one Court to another and the delay tactics adopted by the accused persons the trial has not been completed till date.

3. Learned Government Advocate (Crl.Side) appearing for the respondent-Police submits that out of nine witnesses, after cross examination of Investigating Officer as the last witness, the accused persons filed an application under Section 311 Cr.P.C to recall P.W.1 and therefore, the case is pending.

4. Taking note of the fact that it is a very old case and almost reach the end. It is sufficient to direct the learned Judicial Magistrate No.I, Kancheepuram to complete the examination of re-call witness on the next date of hearing and proceed further without any delay. The learned Judicial Magistrate No.I, Kancheepuram is directed to complete the trial preferably within a period of two months from the date of receipt of a copy of this order.

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4. With the above direction, this Criminal Original Petition is disposed of.

13.09.2024 Index: Yes/No Speaking Order/Non-Speaking Order ms To 1.

The Judicial Magistrate No.I, Kancheepuram.

2.

The Judicial Magistrate No.II, Kancheepuram.

3.

The Inspector of Police, District Crime Branch, Kancheepuram.

4.

The Public Prosecutor, High Court, Madras.

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Dr.G.JAYACHANDRAN, J.

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