R.Varadarajan v. The State Of Tamil Nadu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.DHANABAL Crl.O.P.(MD)No.2953 of 2025 R.Varadarajan ... Petitioner Vs.

1. The State of Tamil Nadu, Rep. By the Inspector of Police, Manapparai Police Station, Trichy District.

2. V.P.Sankar ... Respondents PRAYER : Petition filed under Section 528 of BNSS 2023, to issue a direction to the Learned Judicial Magistrate, Manapparai to expedite the trial of the case in Crl.M.P. No. 1050 of 2022 within the time stipulated by this Court. For Petitioner :

Mr.J.Lawrance For Respondents :

Mr.M.Sakthi Kumar (R1) Government Advocate 1/5

ORDER

This criminal original petition has been filed seeking for a direction to the learned Judicial Magistrate, Manapparai to expedite the trial of the case in Crl.M.P. No. 1050 of 2022 within the time stipulated by this Court.

2. Since no adverse order is going to be passed against the second respondent, notice to him is dispensed with. Heard the learned counsel on either side and perused the records placed before this Court.

3. According to the petitioner, he is the owner of the property in New S.No.76, Old S.No.570/4, situated at Mariamman kovil Street, Ward No.5, Manapparai Municipality. The petitioner preferred a complaint under Section 340 Cr.P.C., against one V.P.Sankar, who is the second respondent herein, before the learned Judicial Magistrate, Manapparai in Crl.M.P. No. 1050 of 2022 and the same is pending for a long time. The witness, PW1 has already been examined and the documents in Exs.P1 to P19 were marked and the case is now pending under the caption 'Part-Heard matter' and lastly, the case was posted on 2/5

26.10.2023 and thereafter, the case has been periodically adjourned till today, without any progress. Therefore, the petitioner filed this petition to expedite the trial proceedings in this case.

4. The learned Government Advocate appearing for the first respondent police also submitted that the case is under enquiry and also one witness was examined and the documents were marked. Now, the case is posted for further examination of further witnesses.

5. Considering the long pendency of the case in Crl.M.P. No. 1050 of 2022 on the file of the learned Judicial Magistrate, Manapparai, from the year 2022, this Court directs the learned Judicial Magistrate, Manapparai, to dispose of the case in Crl.M.P. No. 1050 of 2022 as early as possible preferably within a period of three months from the date of receipt of a copy of this order.

6. With the above direction, this criminal original petition is allowed. 3/5

18.02.2025 Index :

Yes / No P.DHANABAL, J.

sm TO:-

1. The Inspector of Police, Manapparai Police Station, Trichy District.

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

Order made in Crl.O.P.(MD)No.2953 of 2025 4/5

Dated:

18.02.2025 5/5