Madras High CourtCRL OP/25928/2023disposed of

V.Prabaharan v. Inspector Of Police

2024-04-23Honourable Dr Justice G. Jayachandran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.04.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN and Crl.MP.Nos.17997 and 17998 of 2023 V.Prabaharan ... Petitioner Vs.

The State Rep.by Inspector of Police, District Crime Branch, Salem District. ... Respondent Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, pleased to call for the records and quash the C.C.No.591 of 2020 pending on the file of the learned Judicial Magistrate-VI, Salem District pending disposal of the aforesaid Crl.OP. For Petitioner : Mr.K.Raja for Mr.N.Kolandaivel For Respondent : Mr.S.Udayakumar Government Advocate (Crl.Side)

O R D E R

This Criminal Original petition is filed to quash the proceedings in C.C.No.591 of 2020 pending on the file of the learned Judicial Magistrate-VI, Salem District.

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2. This case was registered in the year 2002 and later on completion of investigation, final report was filed in the year 2003 before the learned Judicial Magistrate-V, Salem. Since the trial did not complete, this petitioner filed an application to dispose of the case within the stipulated period.

3. Considering the facts of the case, this Court vide order dated 14.12.2015 in Crl.OP.No.1907 of 2015 directed the trial Court to complete the trial within a period of four months preferably. However, case could not be completed within the time stipulated, the case was transferred to Judicial Magistrate-V, Salem and re-numbered as C.C.No.591 of 2020. At this juncture, petition to quash is filed.

4. The learned Government Advocate (Crl.Side) states that the trial has come to fag end and the case is posted on 08.05.2024 for examination of Investigating Officer. The case has been adjourned for examination of Investigating Officer for the past two hearings.

5. The reasons stated above is suffice to direct the trial Court to examine the Investigating Officer on the same hearing date without fail 2/4

and the petitioner shall cross-examine on the same day Thereafter, the trial shall complete on or before 30.06.2024. If the Investigating Officer fails to appear on the next hearing date, warrant will be issued to secure him and trial to be conducted on day to day basis and complete within the time prescribed above.

6. With the above direction, this Criminal Original Petition is disposed of. Consequently, the connected miscellaneous petitions are closed.

Vv 23.04.2024 To

1. The Judicial Magistrate-VI, Salem District

2. The Inspector of Police, District Crime Branch, Salem District.

3. The Public Prosecutor, High Court of Madras, Chennai.

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Dr.G.JAYACHANDRAN,J.

Vv and Crl.MP.Nos.17997 and 17998 of 2023 23.04.2024 4/4