Madras High CourtCRL OP(MD)/3302/2024disposed of

R.Saravana Balagurusamy v. The Inspector Of Police

2024-07-18Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.07.2024 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI Crl.OP(MD)No.3302 of 2024

1. R.Saravana Balagurusamy

2. Gokulamunisamy

3. Mohanarengasamy ... Petitioners Vs 1.The Inspector of Police, Vadamadurai Police Station, Dindigul District.

2.Suruliraja ... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the Judicial Magistrate cum District Munsif, Vedasandur to expatiate the trial in C.C No. 10 of 2023 on the file of the District Munsif cum Judicial Magistrate, Vedasandur after summon the witnesses Pw11 and Pw12 to dispose the case. For Petitioner : Mr.C.S.Ravichandran For R1 : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor For R2 : No appearance 1/4

O R D E R

The petitioner /accused in C.C No. 10 of 2023 has filed this Criminal Original Petition for speedy disposal of the above case. 2.The learned counsel appearing for the petitioner submits that the Investigating Officer in C.C No. 10 of 2023 has evaded the trial in order to harass the petitioner. According to the petitioner, the petitioner has lodged a complaint as against the Investigating Officer before the Human Rights Commission and therefore, the Investigating officer has not appeared before the trial Court, thereby, the trial could not be proceeded further.

3.The learned Additional Public Prosecutor appearing for the first respondent submits that in the above case, witnesses LW 1 to LW 10 were examined and their cross examination has also been completed except the cross examination of PW 10. For cross examination of PW 10 and examination of PW 11/the Investigating officer, the case is posted to 20.09.2024.

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4.Considering the submission of the learned Additional Public Prosecutor that almost all the witnesses have been examined, summon has not been issued to the Investigating Officer so far, and the fact that the case is of the year 2023, this Court is not inclined to entertain this petition. The District Munsif cum Judicial Magistrate, Vedasandur is expected to consider the grievance of the petitioner and also ensure that the Investigating Officer is not evading the trial. 5.With the above direction, this Criminal Original petition is disposed of.

18.07.2024 NCC : Yes/No Index : Yes/No Internet:Yes vrn To 1.The District Munsif cum Judicial Magistrate, Vedasandur.

2.The Inspector of Police, Vadamadurai Police Station, Dindigul District.

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

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B.PUGALENDHI,J vrn Order made in Crl.OP(MD)No.3302 of 2024 18.07.2024 4/4