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Madras High CourtCRL OP/25161/2021disposed of

Ellumalai v. The Inspector Of Police

2022-01-10Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.01.2022

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.25161 of 2021 Ellumalai ... Petitioner/Accused No.14

Versus

The Inspector of Police CSCID Police Station Vellore Vellore District.

Crime No.07 of 2015 ... Respondent/Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the Judicial Magistrate No.IV, Vellore, Vellore District to dispose of the case in C.C.No.564 of 2017 within stipulated period. For Petitioner : Mr.M.Sathish Kumar For Respondent : Mr.E.Raj Thilak Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the Judicial Magistrate No.IV, Vellore, Vellore District to dispose of the case in C.C.No.564 of 2017 within stipulated period.

2. The grievance of the petitioner is that the petitioner/A14, is facing trial in C.C.No.564 of 2017 and the case is not progressing and kept pending. Due to which, the petitioner is not able to get even his retirement benefits. He further submitted that the accused in this case is always ready to co-operate with the trial, but the prosecution fails to take any steps to produce the witness and there is no progress of the case for the past five years.

3. The learned Additional Public Prosecutor submits that in this case, there are 16 accused and the petitioner is A14. 15 witnesses have been listed and all are official witnesses. The respondent Police will complete the trial within a stipulated period.

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4. At this stage, the learned counsel for the petitioner on instructions, submitted that all the accused are willing to co-operate with the trial and they will not be a reason for the delay of the trial. The cross examination of the witnesses then and there will be done without seeking any adjournment.

5. In view of the same, the trial Court is directed to complete the trial within a period for six months from the date of receipt of a copy of this order or after commencement of normal functioning of the Court.

6. With the above directions, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS-IX) //True copy// Sub Assistant Registrar dna To 1.The Judicial Magistrate No.IV, Vellore, Vellore District.

2.The Inspector of Police CSCID Police Station Vellore Vellore District.

Crime No.07 of 2015.

3.The Public Prosecutor, High Court, Madras.

CRL.O.P.No.25161 of 2021 PMK(CO) GMY(31/01/2022) https://hcservices.ecourts.gov.in/hcservices/