Madras High CourtCRL OP(MD)/1980/2016disposed of

Dr. Ramadass v. The Inspector Of Police

2016-02-04Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.02.2016

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD) No.1980 of 2016 Ramadass ... Petitioner vs.

State through Inspector of Police Kottar Police Station Kanyakumari District (Crime No.220 / 2009) ... Respondent PRAYER: This petition is preferred under Section 482 Cr.P.C., to issue directions to expedite the trial pending in C.C.No.223 of 2011, on the file of Judicial Magistrate No.2, Nagercoil. For Petitioner : Mr.M.Suresh Kumar For Respondent : Mr.C.Mayil Vahana Rajendran Additional Public Prosecutor

O R D E R

The petitioner / de facto complainant has filed this criminal original petition, under Section 482 of the Code of Criminal Procedure, seeking direction upon the learned Judicial Magistrate No.II, Nagercoil, to expedite the trial pending in C.C.No.223 of 2011.

2. Heard the learned counsel for the petitioner / de facto complainant and the learned Additional Public Prosecutor appearing for the respondent Police.

3. The learned counsel for the petitioner / de facto complainant has submitted that even though the trial, in C.C.No.223 of 2011, was commenced as early as on 28.06.2011, till date the said case has not attained finality and it is pending on the absence of Accused 1 and 2.

4. The learned Additional Public Prosecutor appearing for the respondent Police has submitted that out of 23 witnesses 19 witnesses have been examined and four more witnesses alone have to be examined.

5. Taking into consideration the fact that the calender case is of the year 2011 and the same has been getting adjournments on the absence of Accused 1 and 2, the learned Judicial Magistrate No.II, Nagercoil, is directed to look into matter and dispose of the case as expeditiously as possible. If the accused 1 and 2 do not cooperate to dispose of the case at an early date, it is open to the learned Trial Judge to cancel the bail granted to them, as per the dictum laid down by the Hon'ble Supreme Court in State of U.P. v. Shambhu Nath Singh and others, reported in JT 2001 (4) SC 319. https://hcservices.ecourts.gov.in/hcservices/

6. With the above observation, this criminal original petition is disposed of.

Sd/ Assistant Registrar /True Copy/ Sub Assistant Registrar krk To 1.The Judicial Magistrate No.II, Nagercoil.

2.The Inspector of Police, Kottar Police Station Kanyakumari District.

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

+1CC to Mr.M.Suresh Kumar, Advocate in Sr.No.7280 CN/MPA/17.2.2016/5C-2P Crl.O.P.(MD) No.1980 of 2016 04.02.2016 https://hcservices.ecourts.gov.in/hcservices/