Madras High CourtCRL OP/32679/2022disposed of

Gangachalam v. State Rep By Its The Inspector Of Police

2023-01-09Honourable Mr Justice G. Chandrasekharan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.01.2023

CORAM

THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN Crl.O.P.No.32679 of 2022 Gangachalam ..

Petitioner vs State Rep. By its The Inspector of Police Vepur Police Station Cuddalore District.

(Crime No.156 of 2015) ..

Respondent PRAYER : This Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the learned Judicial Magistrate-I, Virudhachalam to conclude the trial in C.C.No.123 of 2018 within a stipulated period. For Petitioner : Mr.G.Anabayachozhan For Respondent : Mr.S.Santhosh Government Advocate (Crl side) 1/4

ORDER

This Criminal Original Petition has been filed to direct the learned Judicial Magistrate-I, Virudhachalam to conclude the trial in C.C.No.123 of 2018 within a stipulated period.

2.The learned counsel for the petitioner submitted that case in C.C.No.123 of 2018 is pending from 2018, there is no progress at all for the reason that A1 was dead and NBW is pending against A2 and A3. Respondent Police is not taking effective steps for execution of NBW. Thus, this petition. 3.The learned Government Advocate (Criminal side) submitted that the second accused in this case namely Rajangam was arrested today (i.e. on 09.01.2023) and produced before the Court for Judicial custody. The Police is making effort to trace the wearables of A3.

4.Recording the submission of the learned Government Advocate (Criminal side) , this Court directs the respondent Police to execute the NBW against the third accused as early as possible, preferably within a period of one 2/4

month from the date of receipt of copy of this order and facilitate the further proceedings in this case. The learned Judicial Magistrate-I, Virudhachalam, is also directed to take effective steps for execution of NBW against the third accused for proceeding with the trial of the matter and disposal of the case as early as possible.

5.Accordingly, this Criminal Original Petition is disposed of. 09.01.2023 Index : Yes / No Speaking / Non Speaking order ep To

1. The Inspector of Police Vepur Police Station Cuddalore District.

(Crime No.156 of 2015)

2. The Judicial Magistrate-I, Virudhachalam.

3. The Public Prosecutor High Court, Madras.

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G.CHANDRASEKHARAN,J.

ep Crl.O.P.No.32679 of 2022 09.01.2023 4/4