Madras High CourtCRL OP(MD)/3841/2025disposed of

Abinesh v. The State Of Tamil Nadu,

2025-02-28Honourable Mr. Justice P.Dhanabal4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.02.2025

CORAM

THE HONOURABLE MR.JUSTICE P. DHANABAL Crl.O.P(MD)No.3841 of 2025 Abinesh ... Petitioner Vs

1. The State of Tamil Nadu, Rep. by the Inspector of Police, District Crime Branch, Nagercoil, Kanyakumari District.

(Crime No. 11 of 2022).

2. Dharmalinga Udayar ... Respondents PRAYER: Criminal Original petitions have been filed under Section 528 of BNSS to the Learned Judicial Magistrate No.I, Nagercoil to expedite the trial in C.C. NO. 717 of 2023 and dispose the same in the speedy manner within a time frame as fixed by this Honourable Court. For Petitioner : Mr.Arunan.M.T, For R1 : Mr.R.M.Anbunithi Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed seeking a direction to the learned Judicial Magistrate No.I, Nagercoil to expedite the trial in C.C. NO. 717 of 2023 and dispose the same.

2.According to the petitioner, he is the defacto complainant in this case and based on his complaint, the first respondent has registered the FIR in Crime No.11 of 2022 for the offences under Sections 406 and 420 of IPC. After completion of investigation, the final report has been filed before the learned Judicial Magistrate No.I, Nagercoil and the same has been taken on file in C.C.No.717 of 2023, which is pending without commencement of trial. Hence this petition.

3.The learned Additional Public Prosecutor appearing for the respondent police would submit that now the case in C.C.No.717 of 2023 is posted on 06.03.2025 for examination of witnesses and already summonses were issued to L.W.1 to L.W.4. He would further submit that the respondent police will co-operate for speedy disposal of the case by producing the witnesses as directed by the trial Court.

4.Since the case in C.C.No.717 of 2023 is pending from the year 2023 and now the same is posted for examination of witnesses, the learned Judicial Magistrate No.I, Nagercoil is directed to dispose of the case in C.C.No.717 of 2023 as early as possible without giving long adjournment beyond fifteen days.

5.With the above direction, this Criminal Original Petition is disposed of.

28.02.2025 Internet :Yes Index :Yes/No NCC :Yes/No LR Note: Issue Order copy on 03.03.2025 To

1. The Judicial Magistrate No.I, Nagercoil 2.The State of Tamil Nadu, Rep. by the Inspector of Police, District Crime Branch, Nagercoil, Kanyakumari District.

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

P. DHANABAL, J.

LR Crl.O.P(MD)No.3841 of 2025 28.02.2025