V.Anandan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.10.2022

CORAM:

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM Crl.O.P.No.25123 of 2022 1.V.Anandan

2. V.Sampath ... Petitioners Vs.

State rep. by The Inspector of Police, Anti Land Grabbing Special Cell, Vellore District.

... Respondent PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to order speedy trial in C.C.No.46 of 2018, on the file of the Judicial Magistrate, Katpadi.

For Petitioner : Mr.S.Senthilmurugan For Respondent : Mr.S.Santhosh Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed to order speedy trial in C.C.No.46 of 2018, on the file of the Judicial Magistrate, Katpadi. 1/5

2. The learned counsel for the petitioners submitted that, the petitioners have filed a case in C.C.No.46 of 2018 on the file of the Judicial Magistrate, Katpadi against the accused persons with regard to the second sale of the properties, belonging to the petitioners, by creating forgery documents. In that case, Non Bailable Warrant is pending against A1 and A2 and the respondent police has not taken any steps to execute the warrant. Though the case is of the year 2018, it is pending for a long period, without any progress Hence this petition.

3. The learned Government Advocate (Crl.Side) appearing for the respondent submitted that NBW is pending against A1 and A2 and the respondent police is taking steps to execute the warrant.

4. A perusal of the records shows that a case in Crime No.5 of 2014 was registered under Sections 120(B), 420, 423, 447, 465, 468, 471, 506(ii) of IPC and after filing of final report, now the case is pending on the file of the Judicial Magistrate, Katpadi in C.C.No.46 of 2018 against seven accused 2/5

persons. The Diary extracts shows that on 09.09.2022, A3, A6 and A7 alone were present and A4 and A5 called absent and NBW is pending against A1 and A2. Therefore, the case was posted to 28.10.2022 for appearance of the accused persons. Further, the Non Bailable Warrant pending against A1 and A2 is not executed so far.

5. Inview of the above, the respondent police is directed to execute the Non Bailable Warrant against A1 and A2 within a period of one month and after securing A1 and A2, the Trial Court is directed to complete the Trial, within a period of two months, thereafter.

6. With the above direction, this Criminal Original Petition is closed. 18.10.2022 Index:Yes/No mst To:

1. The Inspector of Police, Anti Land Grabbing Special Cell, Vellore District.

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2. The Public Prosecutor, High Court of Madras.

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V.SIVAGNANAM, J.

mst Crl.O.P. No.25123 of 2022 18.10.2022 5/5