Balan v. The State Of Tamil Nadu Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.11.2025

CORAM:

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Balan ... Petitioner Vs.

1.

The State of Tamil Nadu, Represented by, The Inspector of Police, Tharamangalam Police Station, Salem District.

Selvam ... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, to direct the learned Judicial Magistrate, Omalur, to expedite the trial in C.C.No.62 of 2023 by fixing a time limit to dispose the trial.

For Petitioner : Mr.M.P.Rajavelayutham For R1 : Mr.R.Vinothraja Government Advocate (Criminal Side)

O R D E R

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The present Criminal Original Petition has been filed seeking a direction to the learned Judicial Magistrate, Omalur, to dispose of the case pending against him in C.C.No.62 of 2023, arising out of Crime No.77 of 2020 registered for the offences under Sections 294(b), 342, 324, 323 & 506(ii) of IPC on the file of the first respondent Police, within a stipulated time.

Learned counsel appearing for the petitioner submitted that the case pertains to the year 2020, in which the final report was filed by the first respondent Police only in the year 2023 and the matter is still pending. Hence, the present petition has been filed.

3.

Learned Government Advocate (Criminal Side), on instructions, submitted that there are ten witnesses in this case, out of whom LW1 has passed away and the case now stands posted on 03.12.2025 for examination of LW2 to LW6.

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4.

Having heard the learned counsel appearing on either side and upon perusal of the materials available on record, this Court is of the view that though a constitutional Court cannot issue a direction to the trial Court for speedy disposal, taking into consideration the fact that the case has been pending from the year 2020, a direction is warranted. 5.

Accordingly, the learned Judicial Magistrate, Omalur, is directed to dispose of the case in C.C.No.62 of 2023, as expeditiously as possible, preferably, within a period of six months from the next hearing date, i.e., on 03.12.2025. The respondent Police shall ensure that the witnesses are produced before the trial Court without fail. 6.

With the above directions, this Criminal Original Petition stands disposed of.

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ham To 1.

The Judicial Magistrate, Omalur.

The Inspector of Police, Tharamangalam Police Station, Salem District.

3.

The Public Prosecutor, High Court of Madras.

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A.D.JAGADISH CHANDIRA , J.

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