J.Nishanthi v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.10.2024

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR J.Nishanthi ... Petitioner Vs.

State of Tamil Nadu The Inspector of Police, Vilathikulam Police Station, Thoothukudi District.

Crime No.102 of 2018.

... Respondent PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the learned District Munsif cum Judicial Magistrate, Vilathikulam, Thoothukudi District to dispose of the case in C.C.No.37 of 2021 within the time frame that may be fixed by this Court. For Petitioner : Mr.R.Murugan For Respondent : Mr.E.Antony Sahaya Prabhar, Additional Public Prosecutor.

ORDER

This Criminal Original Petition has been filed, invoking Section 528 of BNSS., seeking orders, to direct the learned District Munsif cum 1/4

Judicial Magistrate, Vilathikulam, Thoothukudi District to dispose of the case in C.C.No.37 of 2021 within the time frame that may be fixed by this Court.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.

3. It is evident from the records that on the basis of the complaint lodged by the petitioner, FIR came to be registered in Crime No.102 of 2018 and that the respondent, after completing the investigation, has laid the final report before the learned Judicial Magistrate, Vilathikulam and the same was taken on file in C.C.No.37 of 2021.

4. The learned counsel appearing for the petitioner would submit that the case is pending from 2021 without any progress and hence, he was constrained to file the present petition. 5.The High Court has already issued Circulars to the District Judiciary directing the Courts to give priority for the cases relating to the Senior Citizens, HIV affected persons, Defence personnel, women and 2/4

children etc., The petitioner without approaching the trial Court has directly approached this Court. In the absence of total pending particulars and the work burden of that particular Court, this Court is not inclined to give any direction to dispose of the case within the specified period of time.

6. However, the trial Court is required to give priority to the cases, as per the Circulars of the High Court. The petitioner is at liberty to approach the trial Court and if such requisition for early disposal of the case is made, the learned trial Judge is directed to consider the same, in the light of the circulars issued by this Court.

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

03.10.2024 NCC : Yes/No Index : Yes / No Internet : Yes / No das 3/4

K.MURALI SHANKAR,J.

das To 1.The District Munsif cum Judicial Magistrate, Vilathikulam, Thoothukudi District.

2. The Inspector of Police, Vilathikulam Police Station, Thoothukudi District.

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

Order made in Dated: 03.10.2024 4/4