Madras High CourtCRL OP/20994/2025dismissed with direction

K.Selva Ganapathy v. V.Srinath

2025-07-28Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28-07-2025

CORAM

THE HONOURABLE MR JUSTICE P. VELMURUGAN

1. K.Selva Ganapathy S/o.R.Kumar, Residing at No.F2, Gururao Enclave, 3rd Street, Loganathan Nagar, Mannivakkam, Chennai-600 048 Petitioner(s) Vs

1. V.Srinath S/o.Velu, Residing at No.2A, 6th Main road, Lakshmipuram, Thiruninravur, Thiruvallur-602 024 Respondent(s) PRAYER This Criminal Original Petition is filed under Section 447 of BNSS Act, 2023, to withdraw the STC/13/2023 on the file of the Judicial Magistrate II at Chengalpet and transfer the same to the Fast Track Court at Saidapet. For Petitioner(s):

Mr.E.V.Arunachalagiri 1/5

ORDER

This Criminal Original Petition has been filed to withdraw the STC/13/2023 from the file of the Judicial Magistrate II at Chengalpet and transfer the same to the Fast Track Court at Saidapet.

2. Heard the learned counsel for the petitioner and perused the materials available on record.

3. Already, the petitioner had filed Crl.O.P.No.4423 of 2024, seeking direction to the learned Judicial Magistrate II, Chengalpattu to dispose of the case in STC No.13 of 2023 as expeditiously as possible. This Court, had also, vide order dated 27.2.2024 directed the learned Judicial Magistrate No.II, Chengalpattu to expedite the trial in STC No.13 of 2023 and to complete the same within a period of six months. Meanwhile, since the respondent-accused absconded, the trial Court was not able to complete the trial within the stipulated time. Thereafter, the petitioner had filed Crl.O.P.No.403 of 2025, 2/5

seeking direction to the Inspector of Police, T-11, Thiruninravur Police Station, Thiurninravur to execute the non-bailable warrant issued by the learned Judicial Magistrate No.II, Chengalpet, vide order dated 13.12.2024 against the respondent herein. This Court vide order dated 08.01.2025, had also directed the Police to execute the warrant against the respondent herein. Subsequently, NBW was executed and the trial is in progress.

4. This Court is not satisfied with the grounds raised by the learned counsel for the petition for transfer of trial. Further, in view of the above circumstances of the case, this Court is not inclined to transfer the trial. This Court vide order dated 27.02.2024 in Crl.O.P.No.4423 of 2024 directed the learned Magistrate to expedite the trial within a period of six months. Though period of six months is now over and the since the accused is absconding, the trial Court is not able to complete the trial within a period as specified by this Court.

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5. In view of the above, this Court is granted further period of three months from today, to complete the trial in STC No.13 of 2023 and dispose of the same.

6. With the abovesaid direction, this Criminal Original Petition is dismissed.

28-07-2025 mfa Index:Yes/No Speaking/Non-speaking order Internet:Yes To

1. The Judicial Magistrate II Chengalpet 4/5

P.VELMURUGAN J.

mfa CRL OP No. 20994 of 28-07-2025 5/5