Madras High CourtCRL OP(MD)/426/2025disposed of

Jeyanth @ Jayanthkumar v. The State Of Tamil Nadu

2025-01-09Honourable Mr Justice M. Nirmal Kumar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.01.2025

CORAM

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Jeyanth @ Jayanthkumar ... Petitioner Vs

1. The State of Tamil Nadu, Rep. by the Inspector of Police, Usilampatty Taluk Police Station, Madurai District.

Crime No. 265/2023.

2. Mayan ... Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the Judicial Magistrate No I, Usilampatty, Madurai District to expedite the trial in C.C.No. 10/2024 within the time frame fixed by this Court.

For Petitioner : Mr.V.Karuna For Respondents : Mr.K.Sanjai Gandhi (R1) Government Advocate(Crl.Side) 1/5

ORDER

This Criminal Original Petition has been filed to direct the Judicial Magistrate No I, Usilampatty, Madurai District to expedite the trial in C.C.No. 10/2024 within the time frame fixed by this Court.

2. Heard the learned counsel appearing for the petitioner, the learned Government Advocate(Crl.Side) appearing for the respondent and perused the materials available on record.

3.It is case of the petitioner that based on the complaint lodged by the 2nd respondent, a case has been registered in Cr.No.265 of 2023 for the offence punishable under Sections 147, 427, 448, 294(b), 323, 506(i) IPC against the petitioner and others. The case of prosecution is that on 17.08.2023 at about 11.00a.m., when the revenue officials removed the encroachment, the accused persons jointly gathered and illegally trespassed into the house of the defacto complainant and abused him and his sons and also assaulted them and they also caused damages to the tune of Rs.1,35,000/-. After the completion of investigation, final report was filed by the respondent police and the same was taken on file in C.C.No.10 of 2024 on the file of Judicial Magistrate No.I, Usilampatty, 2/5

Madurai District. In this case, there are totally 23 accused persons. The petitioner is aged about 26 years. The petitioner and other accused persons have completed their degree courses. The petitioners are no way connected with the crime. Due to previous enmity, a false case has been registered against them. Due to the pendency of the case, the future of the accused persons will get spoiled. The accused persons are ready to face the trial without any delay. However, in this case trial is not yet commenced. Hence, seeking speedy trial this petition has been filed. 4.The learned Government Advocate (Crl.Side) submitted that in this case, there are totally 11 witnesses and the case is posted for examination of LW1 to LW3 on 04.02.2025 and they will be produced without any delay.

The respondent police will ensure to produce the witnesses on that day. The respondent police would take effective steps to conclude the trial within a period of six months. 5.

life. In the interest of justice, the trial Court is directed to dispose of the case in CC No.10 of 2024 preferably, within a period of six months from the date of receipt of copy of this order. It is made clear that the accused persons not to cause any delay or dilatory techniques to drag on the case. 6.With the above directions, this Criminal Original Petition stands disposed of.

09.01.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No PNM To 1.The Judicial Magistrate No I, Usilampatty, Madurai District

2. The Inspector of Police, Usilampatty Taluk Police Station, Madurai District.

Crime No. 265/2023.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

4/5

M.NIRMAL KUMAR, J.

PNM ORDER IN 09.01.2025 5/5