S.Armstrong v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 12.12.2023 CORAM :

THE HONOURABLE Dr. JUSTICE G.JAYACHANDRAN S.Armstrong ... Petitioner -vs1.State rep by Inspector of Police, T-1, Ambattur Police Station, Chennai.

(Crime No.25 of 2023).

2.Prof.K.Florence @ Florence Kannian 3.P.Egaraj

...Respondents

PRAYER : Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to direct the learned Judicial Magistrate at Ambattur to dispose the case in C.C. No.83 of 2023 as expeditiously as possible. For Petitioner : Mr.P.Govindarajan For Respondent 1 :Mr.Leonard Arul Joseph Selvam, Government Advocate (Crl.Side) For Respondents 2 & 3 : Mr.H.Manivannan Page No.1/4

ORDER

The petitioner is the defacto complainant in C.C. No.83 of 2023. He seeks speedy disposal of the case, since there is serious threat from the accused to withdraw the complaint. It is also stated that already the complaint been lodged before the Anna Square Police Station on 09.05.2023 and enquired in C.S.R. No.159 of 2023 about the threat emanated from A1. It is also stated that there is threat to the witness also.

2. The learned counsel appearing for the accused/respondents 2 & 3 states that the investigation and final report are faulty and therefore, he has moved this Court for further investigation and that Application is pending.

3. This Court is of the view that an Application filed seeking intervention of the High Court for further investigation and pending consideration cannot be a reason to delay the trial for offences which has also been taken cognizance, moreso, when there is fear in the mind of the defacto complainant that the accused may tamper the process of the trial. Hence, this petition is allowed, the Page No.2/4

learned Judicial Magistrate is directed to conduct the trial as expeditiously as possible and complete it preferably within a period of six months.

4. With this direction, this Criminal Original Petition is disposed of. 12.12.2023 Index :Yes :Yes/No.

Speaking order/Non-speaking order rkp To

1. The Judicial Magistrate at Ambattur.

2.The Inspector of Police, T-1, Ambattur Police Station, Chennai.

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

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Dr.G.JAYACHANDRAN,J.

rkp 12.12.2023 Page No.4/4