Madras High CourtCRL OP(MD)/5421/2024disposed of

R.Rabi v. The Sub Inspector Of Police

2024-08-01Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.08.2024

CORAM

THE HON'BLE MR.JUSTICE B.PUGALENDHI CRL.O.P (MD) No.5421 of 2024

1. R.Rabi

2. K.Ebi Saloman

3. Y.Jose (Anchalose) ... Petitioners Vs

1. The Sub Inspector of Police, Kollencode Police Station, Kanyakumari District.

2. R.Stephen ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Judicial Magistrate No.II Court, Kuzhithurai, to expedite the trial after examine all the witnesses as early as possible and disposed the case in C.C.No.60 of 2021 on the file the Judicial Magistrate No.II Court, Kuzhithurai, within the time limit fixed by this Court. 1/5

For Petitioner : Mr.Punitha Devakumar M, For R1 : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor

O R D E R

This criminal original petition has been filed seeking a direction to the learned the Judicial Magistrate No.II, Kuzhithurai, to expedite the trial in C.C.No.60 of 2021 and dispose of the same. 2.The learned Counsel appearing for the petitioner submits that in this case, the petitioner is the defacto complainant. It is the case of the year 2021, which is pending without progress.

3.The learned Additional Public Prosecutor appearing for the respondent police submits that after completion of investigation, the final report was filed in the year 2021 and the case is posted for trial on 19.08.2024 for the examination of witnesses L.W.1 to L.W.3. The summons have also been served on the witnesses. 4.This Court has considered the rival submissions made. 2/5

5.It is not known why the summons have been served only in the year 2024, when the case was taken on file in the year 2021. Be that as it may, it appears that the case is adjourned to 19.08.2024 for examination of witnesses and the witnesses L.W.1 to L.W.3 were also served. 6.In view of the above, the learned Judicial Magistrate No.II, Kuzhithruai, shall conclude the trial as expeditiously as possible without any further delay.

7.With the above direction, this criminal original petition is disposed of.

01.08.2024 NCC : Yes/No Internet:Yes/No Index:Yes/No LR 3/5

1. The Judicial Magistrate No.II, Kuzhithurai.

2.The Sub Inspector of Police, Kollencode Police Station, Kanyakumari District.

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

4/5

B.PUGALENDHI , J.

LR CRL.O.P (MD) No.5421 of 2024 01.08.2024 5/5