Madras High CourtCRL OP(MD)/4860/2019disposed of

Boominathan, Ex-Clerk v. The Sub Inspector Of Police,

2019-04-01Honourable Mr Justice N. Seshasayee2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE N.SESHASAYEE CRL.O.P.(MD)No.4860 of 2019 Boominathan : Petitioner -VsThe Sub-Inspector of Police, CCIW, Bharathi Nagar, Ramanathapuram District.

: Respondent PRAYER: Petition is filed under Section 482 of the Criminal Procedure Code, to direct the learned Judicial Magistrate No.1, Ramanathapuram, to expedite the trial of C.C.No.402 of 2017 within a stipulated time.

For Petitioner : Mr.K.Baalasundharam For Respondent : Mr.V.Neelakandan Additional Public Prosecutor ***

O R D E R

The present petition is filed to expedite the trial in C.C.No.402 of 2017 pending on the file of the Judicial Magistrate Court No.1, Ramanathapuram.

2.Heard the learned Counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondent. 3.The learned Counsel for the petitioner submitted that the case was registered by the CCIW. In the final report, prosecution has cited 15 witnesses and relied on 29 documents. He further added that the petitioner is a Clerk in the concerned Co-operative Bank and has since been dismissed from service and added that speedy trial is constitutional right, to which any person charged with offence is entitled to.

4.The learned Additional Public Prosecutor, on instructions, submitted that there is a huge backlog of cases pending in the Court and therefore, the Magistrate gives priority to old cases. Since the nature of trial before Court handling the cases from CCIW, is not like any other IPC offence case, this Court may not be in a position to fix a time limit, within which the trial can be concluded. Only, the trial Court knows the pressure on its time and therefore, the petitioner is now advised to move the trial Court to seek for a priority in commencing the trial Court before the same. https://hcservices.ecourts.gov.in/hcservices/

5.With the above direction / observation, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (CS) // True Copy // Sub Assistant Registrar(CS) To 1.The Judicial Magistrate, Ramanathapuram.

2.The Chief Judicial Magistrate, Ramanathapuram.

3.The Sub-Inspector of Police, CCIW, Bharathi Nagar, Ramanathapuram District.

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

+1 CC to M/s.K.BAALASUNDHARAM, Advocate SR-58068[F] dated 01/04/2019 ps/22.04.2019/2p/6c CRL.O.P.(MD)No.4860 of 2019 01.04.2019 https://hcservices.ecourts.gov.in/hcservices/