Madras High CourtCRL OP(MD)/16305/2016disposed of

Thiyagarajan, v. The Superintendent Of Police,

2016-09-01Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.09.2016

CORAM

THE HONOURABLE DR.JUSTICE S.VIMALA Crl.O.P(MD)No.16305 of 2016 Thiyagarajan .. Petitioner/ Sole accused Vs.

State rep. by 1.The Superintendent of Police, Theni District.

2.The Inspector of Police, Thevaram Police Station, Theni District.

.. Respondents/ Complainant PRAYER:Criminal Original Petition has been filed under Section 482 of Cr.P.C., praying to direct the learned District Munsif cum Judicial Magistrate, Bodinayakanoor to expedite the trial in S.T.C.No.170 of 2015 within a stipulated time. For Petitioner :Mr.R.Ganeshprabu For respondents :Mr.A.P.Balasubramani, Govt. Advocate(Crl. Side)

ORDER

This petition has been filed seeking a direction to the learned District Munsif cum Judicial Magistrate, Bodinayakanoor, to expedite the trial in S.T.C.No.170 of 2015 within a stipulated time.

2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondents. 3.The grievance of the petitioner is that though he has been appearing before the trial Court since 06.06.2015, no witness was produced by the respondents Police before the trial Court till date and no progress made in the proceedings and hence, he has come up with this petition.

4. A perusal of "B" Diary extract filed along with this petition would go to show that after the appearance of the accused, questioning is over and thereafter, it was posted for https://hcservices.ecourts.gov.in/hcservices/

trial on 07.09.2015, 21.12.2015, 23.03.2016 and 15.06.2016 and not even summons have been issued to the witnesses. It is represented by the learned Government Advocate that there are only eight witnesses in this case and he also, on instructions, gave an undertaking that the respondents police would co-operate for the speedy trial.

5.In view of the above undertaking given by the learned Government Advocate, the learned District Munsif cum Judicial Magistrate, Bodinayakanoor, is directed to complete the trial in S.T.C.No.170 of 2015 within a period of two months from the date of receipt of a copy of this order.

6.This Criminal Original Petition is accordingly disposed of. Sd/- Assistant Registrar(RTI) /True copy/ Sub Assistant Registrar To 1.The District Munsif cum Judicial Magistrate, Bodinayakanoor.

2.The Superintendent of Police, Theni District.

3.The Inspector of Police, Thevaram Police Station, Theni District.

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

+1cc to M/s.R.Ganesh Prabhu, Advocate SR.No.49671 gcg sm:DB:16.9.2016:2P/6C Crl.O.P(MD)No.16305 of 2016 01.09.2016 https://hcservices.ecourts.gov.in/hcservices/