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Madras High CourtCRL OP(MD)/2671/2025disposed of

Rathinakumar v. State Of Tamilnadu Rep. By,

2025-02-13Honourable Mr. Justice P.Dhanabal5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.02.2025

CORAM

THE HONOURABLE MR.JUSTICE P.DHANABAL Rathinakumar ... Petitioner Vs.

1.The State of Tamil Nadu, Represented by, The Inspector of Police, Thirukattupalli Police Station, Thanjavur District.

(Crime No.135 of 2022).

2.Sakthivel ... Respondents Prayer : Criminal Original Petition filed under Section 528 of B.N.S.S. Act, 2023, to direct the learned Judicial Magistrate Court, Thiruvaiyaru, Thanjavur District to expedite and complete the trial in C.C.No.62 of 2022 pending on the file of the learned Judicial Magistrate Court, Thiruvaiyaru, Thanjavur District within stipulated time that may be fixed by this Court and pass such further or other orders as this Court.

For Petitioner : Mr.M.Sridharan 1/5

For R-1 : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed by the petitioner to direct the learned Judicial Magistrate Court, Thiruvaiyaru, Thanjavur District to expedite and complete the trial in C.C.No.62 of 2022 pending on the file of the learned Judicial Magistrate Court, Thiruvaiyaru, Thanjavur District within stipulated time that may be fixed by this Court.

2. According to the petitioner, the petitioner is the first accused in the above said case and also he is a differently abled person. The date of occurrence is 2022 and already the first respondent police have filed a charge sheet and the same was taken on file in C.C.No.62 of 2022 and the same is pending without any trial. Therefore, the petitioner seeks speedy disposal of the case. Already the Witness Warrant has been issued as against the witnesses 1 and 2 but the first respondent police have not executed the warrant and failed to produce the witnesses.

2/5

3. The learned Additional Public Prosecutor appearing for the official respondent would submit that the case is posted for examination of witnesses and as against some witnesses, warrants are pending. However, they will execute the warrants and produce the witnesses before the Trial Court on the next hearing.

4. Recording the above said submissions of the learned Additional Public Prosecutor appearing for the official respondent and the case also posted for trial, this Court directs the Trial Court to expedite the trial proceedings as early as possible without giving long adjournment.

5. With the above said directions, this Criminal Original Petition stands disposed of.

13.02.2025 NCC : Yes / No Index : Yes / No Internet : Yes BTR 3/5

To 1.The Inspector of Police, Thirukattupalli Police Station, Thanjavur District.

2.The Judicial Magistrate Court, Thiruvaiyaru, Thanjavur District.

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

4/5

P.DHANABAL, J.

BTR 13.02.2025 5/5