K.K.Ramaswamy v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.11.2022

CORAM

THE HONOURABLE MS.JUSTICE R.N.MANJULA K.K.Ramaswamy ...

Petitioner in both Crl.O.Ps /vs/ The Inspector of Police, CCIW CID Rural Unit, Coimbatore.

...

Respondent in both Crl.O.Ps Prayer in both Crl.O.P.s: Criminal Original Petitions have been filed under Section 482 of Cr.P.C. to direct the Judicial Magistrate No.IV, Coimbatore to conduct the trial in C.C.Nos.234 & 235 of 2000 pending on its file, in accordance with law and to conclude the same within the time frame fixed by this Court.

In both Crl.O.Ps For Petitioner ... Mr.C.D.Sugumar For Respondent ... Mr.S.Santhosh, Govt. Advocate (Crl.Side)

COMMON

ORDER

These Criminal Original Petitions have been filed to direct the learned Judicial Magistrate No.IV, Coimbatore to conduct the trial in C.C.Nos.234 & 235 of 2000 pending on its file, in accordance with law and to conclude the same within the time frame fixed by this Court.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent.

3. The learned counsel for the petitioner submitted that the petitioner is the second accused in the case filed against him in C.C.Nos.234 & 235 of 2000 on the file of the learned Judicial Magistrate No.IV, Coimbatore; the grievance of the petitioner is that despite the case has been filed as early as in the year 2000, it is still pending without any disposal; the long pendency of the matter is causing mental harassment to the petitioner and hence he filed these petitions to fix a time limit for concluding the cases.

4. On perusal of the E-Court proceedings, it is seen that the matter has been adjourned to several hearings without any valid reasons. It is also seen that for years together, the matter has been adjourned for arguments. However, it is learnt that it is the arguments pertains to the discharge petition filed by the first accused. Since the matter is pending for nearly two decades, the learned Judicial Magistrate No.IV, Coimbatore ought to have shown more sensitivity in taking up the matter and concluding the trial by giving short adjournments.

5. It is difficult to digest that in the cases which have been filed in the year 2000, charges have not been framed so far. And that had given the room for further delay. Taking into consideration of the long pendency of the matter, I feel it is appropriate to impress the learned Judicial Magistrate No.IV, Coimbatore, to dispose the miscellaneous petitions if any, within a period of one month and thereafter, dispose the main cases itself within a period of three months preferably by giving adjournment for short interval of two or three days.

R.N.MANJULA ,J.

gsk

6. With the above observations, these Criminal Original Petitions are disposed.

11.11.2022 Index: Yes/No Internet: Yes/No gsk To 1.The Inspector of Police, CCIW CID Rural Unit, Coimbatore.

2.The Public Prosecutor, High Court, Madras.