T.N.S.Jegadeesan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.06.2017

CORAM

THE HON'BLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD) No.8143 of 2017 T.N.S.Jegadeesan .. Petitioner -vs1. The Inspector of Police, City Crime Branch, Madurai City.

(Crime No.57 of 2011) .. 1st Respondent/Complainant

2. L.Shiyam Sundar .. 2nd Respondent/1st Accused

3. P.Pandi @ Attack Pandi .. 3rd Respondent/2nd Accused

4. K.Sakthivel .. 4th Respondent/3rd Accused

5. N.Bakiya Lakshmi .. 5th Respondent/4th Accused Prayer: Petition is filed under Section 482 of Code of Criminal Procedure praying to expedite the trial in C.C.No.14 of 2014 pending before the Special Court Exclusive Trial of Land Grabbing Cases, Madurai, with in the stipulated time fixed by this Court. For Petitioners :

Mr.R.M.Makesh Kumaravel For Respondent No.1 : Mr.K.Anbarasan Government Advocate (Crl.side)

O R D E R

The accused in this case are facing trial in C.C.No.14/2014 before the Special Court (Magisterial Level) for Land Grabbing Cases, Madurai. This petition has been filed by the defacto complainant for a direction to the trial Court to complete the trial within a stipulated period.

2. Today, Ms.Thamilarasi, Inspector of Police, Anti Land Grabbing Special Cell, Madurai City is present before this Court.

3. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. side) for the respondent. https://hcservices.ecourts.gov.in/hcservices/

4. It is common knowledge that the Hon'ble Supreme Court has stayed all trial proceedings in the Special Court for Land Grabbing Cases, since the constitutional validity of the constitution of the Special Court is under challenge before the Apex Court. Therefore, this Court cannot issue a direction to the trial Court to proceed with the trial.

5. However, the learned counsel for the petitioner submitted that A1, A3 and A4 are absconding and that they are very much available in Madurai, despite which, the police have not executed the non bailable warrant.

6. In view of the above, the respondent police is directed to execute the non bailable warrant, if issued by the trial Court and secure the presence of A1, A3 and A4.

7. With the above direction, this petition is closed. Sd/- Assistant Registrar(Records) /True Copy/ Sub Assistant Registrar To:

1. The Special Court Exclusive Trial of Land Grabbing Cases, Madurai

2. The Inspector of Police, City Crime Branch, Madurai City.

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

+1cc to Mr.R.M.Makesh Kumaravel, Advocate, Sr.No.25589 RR VB/SV/SAR4/18.07.2017/2P/5C Order made in Crl.O.P.(MD) No.8143 of 2017 Dated: 30.06.2017 https://hcservices.ecourts.gov.in/hcservices/