R.Nithiya Eveline v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.09.2025

CORAM

THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR R.Nithiya Eveline ... Petitioner/Accused Vs.

The Inspector of Police, Vigilance and Anti-Corruption, The Nilgiris.

(Crime No.05/2022/AC/NI) ... Respondent PRAYER : Criminal Original petition filed under Section 528 of BNSS praying to issue suitable direction, directing the trial Court to dispose of the case in Spl.C.C.No.23 of 2024 on the file of Chief Judicial Magistrate, The Nilgiris within a stipulated time.

For Petitioner : Mr.E.V.Chandru @ E.Chandrasekaran For Respondent : Mr.Leonard Arul Joseph Selvam Additional Public Prosecutor

ORDER

The petitioner/Accused, who is facing trial in Spl.C.C.No.23 of 2024, had filed this petition seeking a direction to complete the trial in 1/4

Spl.C.C.No.23 of 2024, on the file of Chief Judicial Magistrate, The Nilgiris within a time bound manner.

2.The contention of the learned counsel for petitioner is that the petitioner was employed as Road Inspector (Grade-II). According to the petitioner, she has been falsely implicated in this case due to some dispute with the de-facto complainant. He further submitted that initially charge sheet filed in Spl.C.C.No.02 of 2023 on the file of Subordinate Court, Udhagamandalam, charges framed on 09.01.2024, summons to the witnesses taken and thereafter the case was transferred to Chief Judicial Magistrate Court, The Nilgiris and renumbered as Spl.C.C.No.23 of 2024. So far, no witnesses examined. The petitioner is also suspended from service and she is not permitted to join the service citing the above criminal case against her. The petitioner is under suspension for more than three years and three months.

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3.The learned Additional Public Prosecutor submitted that the prosecution is ready to examine the witnesses. There are only 13 witnesses in this case and the case can be completed within a time bound manner. Since the Hon'ble High Court of Madras issued Circular directing, all the cases under Prevention of Corruption Act to be transferred to the Sessions Court, the trial could not progress. Now steps taken to transfer the case from Chief Judicial Magistrate to Sessions Judge. In any event, the trial in this case can be completed within a period of six months.

4.Considering the above submission, six months time is granted to complete the trial. It is made clear that no further extension of time would be granted. The Chief Judicial Magistrate to transfer the case to Principal District Judge, Nilgiris without further delay. 5.With the above directions, the Criminal Original Petition is disposed of.

17.09.2025 Index: Yes/No Speaking order/Non-speaking order rsi 3/4

M.NIRMAL KUMAR, J.

rsi To 1.The Chief Judicial Magistrate, The Nilgiris.

2.The Inspector of Police, Vigilance and Anti-Corruption, The Nilgiris.

3.The Public Prosecutor, High Court of Madras.

4.The Principal District and Sessions Judge, Nilgiris.

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