Madras High CourtCRL OP(MD)/4563/2025disposed of

Ferry Fernandez v. The State Of Tamil Nadu

2025-03-12Honourable Mr. Justice P.Dhanabal5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.03.2025

CORAM

THE HONOURABLE MR.JUSTICE P.DHANABAL Ferry Fernandez ... Petitioner Vs.

1.The State of Tamil Nadu, Represented by, The Inspector of Police, Nithiravilai Police Station, Kanyakumari District.

Crime No.122 of 2018.

2.TMT Bala, Chief Education Officer, Kanyakumari District, Nagercoil.

... Respondents Prayer : Criminal Original Petition filed under Section 528 of B.N.S.S., 2023, to pass an order to expeditious disposal of the trial proceedings in C.C.No.172 of 2019 on the file of the learned Judicial Magistrate No.II, Kuzhithurai and pass such further or other orders as this Court. For Petitioner : Mr.S.Sureshkumar 1/5

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

ORDER

This Criminal Original Petition has been filed to pass an order to expedite the trial proceedings in C.C.No.172 of 2019 on the file of the learned Judicial Magistrate No.II, Kuzhithurai.

2. According to the petitioner, he is the first accused in the case and the case has been registered in the year 2019 but the case is still pending without any commencement of trial. Therefore, the petitioner filed this petition.

3. The learned Additional Public Prosecutor appearing for the first respondent would submit that in this case already investigation completed and the same is taken on file in C.C.No.172 of 2019 and now the case is posted for examination of witnesses and already summon served to L.W.1 to L.W.3. Therefore, they will produce the witnesses as directed the Trial Court and they will cooperate for speedy disposal of the case. 2/5

4. Considering the limited scope of prayer sought for in this petition, this Court even without issuing notice to the private respondent inclined to dispose of the petition.

5. Since the case is pending from 2019 and now the case is posted for examination of witnesses of L.W.1 to L.W.3, this Court directs the learned Judicial Magistrate No.II, Kulithurai to dispose of the case as early as possible without giving any long adjournment beyond 15 days.

6. With the above said observations and directions, this Criminal Original Petition stands disposed of.

12.03.2025 NCC : Yes / No Index : Yes / No Internet : Yes BTR To 1.The Inspector of Police, Nithiravilai Police Station, Kanyakumari District.

3/5

2.The Judicial Magistrate No.II, Kuzhithurai.

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

4/5

P.DHANABAL, J.

BTR 12.03.2025 5/5