V. Selvaraj v. K. Rengarajan

CRL OP(MD). No.17646 of 2015 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Criminal Original Jurisdiction) Tuesday, the Thirtieth day of March Two Thousand and Twenty One PRESENT The Hon'ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD). No.17646 of 2015 V. Selvaraj

...Petitioner/Complainant

Vs K. Rengarajan

...Respondent/Accused

Prayer :- Criminal Original Petition is filed under section 482 of Criminal Procedure Code, praying this Hon'ble Court to direct the Judicial Magistrate, fast tract Court, (Magisterial Level) Kovilpatti to expedite the trial in C.C.No.32 of 2013 and complete the trail with in a stipulated time.

ORDER:- Criminal Original Petition is coming on for hearing on this day and upon perusing the earlier order of this Court and the requisition letter submitted by the Judicial Magistrate, Fast Tract Court, (Magisterial Level) Kovilpatti vide the Letter in D.No.384 of 2021 dated 08.03.2021 and upon appeared of Mr.P.T.Rameshraja, Advocate for the Petitioner this Court made the following order: This Court while allowing the direction petition on 25.10.2018, directed the Court below to dispose of the case in C.C.No.32 of 2013 within a period of six months. Now, the learned Judge, by a letter dated 08.03.2021, sought for extension of time. 2.On perusal of records shows that in an earlier occasion, the Court below by a letter dated 04.06.2020 requested three months time to complete the case and this Court by an order dated 23.09.

2020 granted three months time. Now the Court below requested for extension of time by stating that case was posted for defence side evidence. Thereafter, the accused filed a petition under Sections 91 and 243 Cr.P.C., and the same was dismissed. Aggrieved over the same, the petitioner filed a petition before this Court in Crl.O.P. (MD)No.2458 of 2021. However, there is no stay. 3.The Hon'ble Apex Court made it clear that even there is a stay, it is only for a period of six months and thereafter, it cannot be continued. When the Hon'ble Apex Court having taken such a view, adjourning the case without stay, is not proper. https://hcservices.ecourts.gov.

CRL OP(MD). No.17646 of 2015 4.In view of the above, the trial Court shall proceed with a case and conclude the case, within a period of three months from the date of receipt of a copy of this order.

Sd/- Assistant Registrar(CS-) // True Copy // / /2021 Sub Assistant Registrar(CS) To The Judicial Magistrate, FTC, (Magistrial Level) Copy to

1. The Registrar (Judicial), Madurai Bench of Madras High Court,Madurai.

2. The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai.

ORDER DATED : 30/03/2021 ==========================

ORDER

========================== CRL OP(MD). No.17646 of 2015 Giving direction and etc.

as stated within.

ns(CO) TR(20.04.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2