Murugasamy v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.10.2024 CORAM :

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Crl.

O.P .No.

27322 of 20 Murugasamy ... Petitioner

Versus

The Inspector of Police, Alangiyam Police Station, Tiruppur District.

(Crime No.20 of 2014) ... Respondent PRAYER : Criminal Original Petition filed under Sections 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to issue a direction to the learned Judicial Magistrate Court, Dharapuram, Tiruppur District in C.C.No.95 of 2014 to expedite the trial and dispose of the case within stipulated time as fixed by this Court.

For Petitioner : Mr.J.Balameenakshi For Respondent : Mr.S.Udayakumar Government Advocate (Crl. Side) 1/5

O R D E R

The petitioner/A3 in C.C.No.95 of 2014 has filed the above petition seeking a direction to complete the trial in C.C.No.95 of 2014 on the file of Judicial Magistrate Court, Dharapuram, Tiruppur District within a stipulated period.

2.According to the learned counsel for petitioner, the petitioner is a senior citizen aged about 81 years. The petitioner as well as the other accused are appearing before the trial Court either personally or through an Advocate. The respondent police not produced any witnesses and the trial Court also adjourning the case mechanically for all these years. It is almost 10 years and the trial is yet to commence. The petitioner earlier represented before the trial Court about the difficulty faced by him and thereafter too, there was no progress in the trial.

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3.The learned Government Advocate (Crl. Side) submitted that there are only 7 witnesses in this case. Some of the witnesses are not available in the address. Steps were taken to find out their whereabouts and secure them. He further submitted that it is only 7 witnesses, the respondent police would take all action to produce the witnesses and ensure the trial is completed within a period of three months.

4.The learned counsel for petitioner submitted that they will not be a reason for any delay. They would cross examine the witnesses then and there without asking for any adjournment.

5.In view of the above undertaking, the trial Court is directed to complete the trial in C.C.No.95 of 2014 within a period of four months from the date of receipt of a copy of this order. Since the case is pending around 10 years from the date of filing of charge sheet, the trial Court is directed to complete the proceedings within a period of four months and report 3/5

compliance before this Court.

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

7. Post the case on 03.03.2025 'for reporting compliance'. 30.10.2024 Index : Yes / No Internet : Yes/No Speaking / Non-speaking order rsi To 1.The Judicial Magistrate, Dharapuram, Tiruppur District.

2.Inspector of Police, Alangiyam Police Station, Tiruppur District.

3.The Public Prosecutor, High Court, Madras.

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M.NIRMAL KUMAR , J.

rsi Crl.

O.P .No.

27322 of 20 30.10.2024 5/5