Dhanapackiyam v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.04.2024

CORAM

THE HON'BLE MR.JUSTICE B.PUGALENDHI Dhanapackiyam ... Petitioner Vs The Inspector of Police, S.S Colony Police Station, Madurai City.

... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned Chief Judicial Magistrate Court, Madurai to complete the trial in PRC No. 213 of 2020 as expeditiously as possible, within a time frame fixed by this Court.

For Petitioner : Mr.L.Sivakumar, For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor 1/4

O R D E R

The petitioner has approached this Court for a speedy disposal of the case which is pending on the filed of the Chief Judicial Magistrate Court, Madurai, in PRC.No.213 of 2020.

2.The petitioner is the de-facto complainant. A case is registered against the accused for the offence punishable under Section 302 of IPC. An occurrence took place on 26.07.2020, the final report was filed on 22.10.2020 and the same was taken on file in PRC.No.213 of 2020. The case is still pending at the stage of committal proceedings. 3.The learned Additional Public Prosecutor submits that the accused are not co-operating for the trial.

4.This Court is unable to accept the contention of the respondent Police. If there is any delay in the process of committal, then it may demoralise the witness. It is not only the responsibility of the Police, but also the responsibility of the Court to ensure that the trial has to be completed within a reasonable time. The respondent Police is directed to 2/4

file an application for cancellation of the bail against the accused who are not co-operating with trial, within a period of two weeks from the date of receipt of a copy of this order. The trial Court is also directed not to grant any further adjournments and ensure that the committal proceedings is completed within a reasonable time. 5.With the above said direction, this criminal original petition is disposed of.

04.04.2024 NCC : Yes/No Internet:Yes/No Index:Yes/No jbr To

1. The Chief Judicial Magistrate, Madurai.

2. The Inspector of Police, S.S Colony Police Station, Madurai City.

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

3/4

B.PUGALENDHI , J.

jbr 04.04.2024 4/4