Ganesan v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.02.2024

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP CRL.O.P (MD) No.2373 of 2024 Ganesan

...Petitioner

vs The Sub Inspector of Police, Murappanadu Police Station, Thoothukudi District.

Crime No.232 of 2019

...Respondent

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying, to direct the Respondent to expedite the trial pending in SC.No.71 of 2021 on the file of the learned II Additional District Judge, Thoothukudi, Thoothukudi District within the time limit that may be stipulated by this Court.

For Petitioner : Mr.S.P.Veerapandi For Respondent : Mr.B.Thanga Aravindh Government Advocate (Crl.side) 1/5

O R D E R

The learned Counsel for the Petitioner submitted that the Petitioner is arrayed as Accused No.1 in S.C.No.71 of 2021 pending on the file of the learned 2nd Additional District and Sessions Judge, Thoothukudi. 2.It is the submission of the learned Counsel for the Petitioner that except LW6 and LW 7, all others are Police Officers, but the trial had not proceeded. The Petitioner is working as daily labour with a meagre amount of income. For his survival, he has to travel 500 km up and down for each hearing and accompanied other accused. Therefore, he seeks early disposal of the case.

3.The learned Government Advocate (Criminal Side) on instructions of the Respondent Police would submit that there are 6 accused and the accused are regularly appearing before the Court concerned. Also he would submit that the present Presiding Judge of the learned 2nd Additional District and Sessions Judge, Thoothukudi is holding additional charge of two Courts for the past one year.

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4.When the case came up for hearing on 21.02.2024, this Court had sought remarks from the learned II Additional District and Sessions Judge, Thoothukudi regarding year war pendency of the session cases. Today (29.02.2024), the remarks of the learned II Additional District and Sessions Judge, Thoothukudi had been received.

5.Considering the submissions of the learned Counsel for the Petitioner, the learned Government Advocate (Crl.side) and the remarks offered by the learned II Additional District and Sessions Judge, Thoothukudi, the learned II Additional District and Sessions Judge, Thoothukudi, is directed to summon the SHO of the Police Station concerned and the Public Prosecutor attached to the Court and verify from them as to whether all the witnesses shall be produced by the SHO of the Police Station concerned, so that all the 10 witnesses cited in the charge sheet can be examined by the prosecution within a week. 6.The learned II Additional District and Sessions Judge, Thoothukudi shall also fix a date of their examination while fixing the trial and issue 3/5

summons for all the 10 witnesses mentioning the date of their examination consequently for the entire week, thereby dispose of the case at the earliest. The fixing of trial and examination of the witnesses are left to the discretion of the learned II Additional District and Sessions Judge, Thoothukudi, so that the trial will be concluded within the reasonable period of one month. With the above directions, this Criminal Original Petition is disposed of.

Internet:Yes./No 29.02.2024 Index:Yes/No mm To 1.The Sub Inspector of Police, Murappanadu Police Station, Thoothukudi District.

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

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SATHI KUMAR SUKUMARA KURUP , J.

mm CRL.O.P (MD) No.2373 of 2024 29.02.2024 5/5