Kethra Mohan Manthan v. The State Rep By The Deputy Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.12.2019

CORAM

THE HONOURABLE MR. JUSTICE P.RAJAMANICKAM Crl.O.P. No.30486 of 2019 1.Kethra Mohan Manthan 2.Gagan Bihari Senapathy @ Gagan 3.Anandarao 4.Srinivasa Rao 5.Subashkumar Doss 6.Ramesh @ Sathya Ramesh 7.Kumar 8.Ravikumar 9.Dhayanidhi 10.Murugan @ Kosu Murugan 11.Subramanian 12.Selvam @Thunikadai Selvam 13.Venkat @ Venkatji @ Venkatesan 14.Senthilkumar 15.Thiagarajan 16.Gnanam @ Gnanasekaran 17.Kumar @ Karthik @ Karthikeyan 18.Mohanbabu

19. Sathishkumar

20. Varatharaj 21.Selvarasu 22.Sudhakar 23.Senthil

24.Dhanakodi ... Petitioners .vs.

State Rep. by 1.Deputy Superintendent of Police, Crime Branch C.I.D., Coimbatore.

2.Hrishikesh Kundu 3.Sivaguru 4.Dhavamani 5.Sridharraj @ Balan

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned Chief Judicial Magistrate, Erode to expedite the trial of the case in C.C.No.92 of 2018 on day to day basis and conclude the same expeditiously, preferably within a period of six months from next date fixed before the Trial Court.

For Petitioners : Mr.S.Manuraj for Mr.A.Gopinath For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor for R1 Mr.M.Deivanandan for R2

ORDER

The learned counsel for the petitioners submitted that the first respondent has filed a charge sheet against the petitioners herein and others. Based on the said charge sheet, the learned Chief Judicial Magistrate has taken the case on file in C.C.No.92 of 2018. He further submitted that since the petitioners are belonging to various States and it is difficult for them to attend the trial Court. Hence, he prayed to direct the trial Court to dispose of the aforesaid case expeditiously, preferably within a period of six months.

2.Per contra, the learned Additional Public Prosecutor submitted that in C.C.No.92 of 2018, 213 witnesses were cited. He further submitted that the Trial Court, apart from this case, also having some other cases and hence it is not possible for the trial Court to take up this case on day to day basis and

further it is also very difficult for the prosecution to produce the witnesses daily and hence he opposed this petition. 3.Taking into consideration the number of witnesses in the aforesaid case and also fact that the accused persons are residing in different States and also of the fact that the trial Court has to dispose of other cases also, this Court is not inclined to fix any period to dispose of the aforesaid case. However the trial Court is directed to dispose of the case in C.C.No.92 of 2018 as early as possible without giving unnecessary adjournments.

With the above observations the Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar tta To 1.Deputy Superintendent of Police, Crime Branch C.I.D., Coimbatore.

2.The Public Prosecutor, High Court of Madras, Madras.

3.The Chief Judicial Magistrate, Erode.

+1cc to Mr.A.Gopinath, Advocate sr.101247 +1cc to Mr.M.Deivanandan, Advocate sr.101706 Crl.O.P. No.30486 of 2019 rsk(co) nr 20/01/2020