Mani v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 25.11.2024 Coram:

THE HONOURABLE MR.JUSTICE P.VELMURUGAN --

1. Mani

2. Murugesan .. Petitioners Vs.

State by, Inspector of Police, Erumapatty Police Station, Namakkal District (Crime No.419 of 2016) .. Respondents Criminal Original Petition filed under Section 528 of BNSS praying to issue direction to the Fast Track Mahila Sessions Court, Namakkal District, to complete the trial of the case in S.C.No.170 of 2018 at the earliest. For petitioner : M/s.T.Dhasarathan For respondent: Mr.S.Sugendran, Addl.P.P.

ORDER

This Criminal Original Petition is filed by A6 and A7 to issue direction to the Fast Track Mahila Sessions Court, Namakkal District, to complete the trial of the case in S.C.No.170 of 2018 at the earliest. 1 / 4

2. This Court, by order dated 18.11.2024, directed the Registry to call for the status report from the Court below from the date of framing of charges to till date and this petition was adjourned to 25.11.2024 (today).

3. Today, when this Crl.O.P is taken for hearing now, the learned Additional Public Prosecutor appearing for the respondent-Police, produced counter affidavit of the Inspector of Police, Nallipalayam Police Station in-charge Erumapatty Police Station, Namakkal District, in which the details of the hearing of the case itself had been given, along with the status of the case.

4. From the above counter affidavit, it is clear that while P.W.9 is in the box, and the prosecution came to know that some additional documents are required to be produced and marked, and therefore, the prosecution has filed a petition under Section 230 read with Section 173(5) of Cr.P.C., which was filed and numbered as Crl.M.P.No.1239 of 2022, which is pending as on date. Due to this pendency of Crl.M.P., the trial could not be proceeded with.

5. Accordingly, this petition is disposed of, directing the trial Court to proceed with the matter on merits and in accordance with law, after hearing both 2 / 4

sides. Further, both the parties are directed to extend their fullest co-operation for early disposal of Crl.M.P.No.1239 of 2022 without any further delay. The entire process shall be completed within a period of four months from today and orders be passed in the said Crl.M.P.No.1239 of 2022. Thereafter, the trial Court shall proceed with the trial and dispose of the main case. 25.11.2024 cs To

1. Inspector of Police, Erumapatty Police Station, Namakkal District (Crime No.419 of 2016)

2. The Presiding Officer, Fast Track Mahila Sessions Court, Namakkal District.

3. The Public Prosecutor, High Court, Madras. 3 / 4

P.VELMURUGAN, J cs 25.11.2024 4 / 4