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Madras High CourtCRL OP(MD)/4912/2025disposed of

R. Sivakumar v. The State Of Tamil Nadu,

2025-04-07Honourable Mr. Justice P.Dhanabal5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.04.2025

CORAM

THE HON'BLE MR.JUSTICE P.DHANABAL R. Sivakumar .. Petitioner Vs.

The Inspector of Police Central Crime Branch Madurai City .. Respondent PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the learned Judicial Magistrate No.I, Madurai to expeditiously complete the trial in C.C.No.81 of 2015 on the file of the learned Judicial Magistrate No.I, Madurai in accordance with law within the time stipulated by this Court.

For Petitioner : Dr.R.Alagumani For Respondent : Mr.M.Sakthi Kumar Government Advocate(Crl.Side)

ORDER

This Criminal Original Petition has been filed to direct the learned Judicial Magistrate No.I, Madurai to expeditiously complete the trial in C.C.No.81 of 2015 in accordance with law within the time stipulated by this Court.

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2. According to the petitioner he is the defacto complainant in this case and based on the complaint given by him a case has been registered in Crime No.66 of 2014 for the offences under Sections 406,420,468,471 r/w.120(b) of IPC. Thereafter the case is pending in C.C. No.81 of 2015 without any progress. Already he has filed a petition before this Court in Crl.O.P(MD) No. 20567 of 2023 and this Court had directed the learned Judicial Magistrate No.I, Madurai to complete the trial within a period of five months from the date of order but the case has not been disposed of as directed by this Court. Therefore once again the petitioner has filed this petition.

3. The learned Government Advocate(Crl.Side) appearing for the respondent would submit that this Court had already directed the trial Court to complete the trial within a period of five months through an order dated 17.11.2023 but the case is pending of serving summons to the accused for his appearance.

4. This Court also called for report from the learned Judicial Magistrate No.I, Madurai as about the status of the case and also in the report inter alia stated that this Court in Crl.O.P(MD) No.17004 of 2024 2/5

had directed the trial Court to complete the trial within a period of three months from the date of order. Thereafter the Court had issued summons for appearance of accused on 11.03.2025 but the accused not appeared. Again the case was posted to 15.04.2025 and thereafter the Court suo motu advanced to 05.04.2025 from 15.04.2025 and issued fresh summons to appear on 07.04.2025 and assured that the case will be disposed within three months.

5. Since this Court already passed orders to complete the trial within a stipulated period and once again this Court need not pass order. It is for the trial Court to comply the order of this Court. However the trial Court expressing its inability to dispose of the case and sought for three months time to complete the trial proceedings.

6. Therefore considering the report of the learned Judicial Magistrate No.I, Madurai this Court directs the trial Court to comply with the previous orders without any further delay. 3/5

7. With the above direction, the Criminal Original Petition stands disposed of.

07.04.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No aav To

1. The Judicial Magistrate No.I, Madurai

2. The Inspector of Ppolice Central Crime Branch Madurai City 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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P.DHANABAL,J.

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