Madras High CourtCRL OP(MD)/5269/2025disposed of

Arumugam v. The State Of Tamil Nadu

2025-03-24Honourable Mr. Justice P.Dhanabal5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.03.2025

CORAM

THE HONOURABLE MR.JUSTICE P.DHANABAL Arumugam ... Petitioner Vs.

The State of Tamil Nadu, Represented through, The Inspector of Police, Nanguneri Police Station, Tirunelveli District.

Crime No.277 of 2011 ... Respondent Prayer : Criminal Original Petition filed under Section 528 of B.N.S.S., 2023, to direct the Trial Court to speedy dispose the C.C.No.217 of 2023 on the file of the learned Judicial Magistrate Court, Nanguneri, Tirunelveli within a time frame fixed by this Court and pass such further or other orders as this Court. For Petitioner : Mr.A.Naresh Prabu For Respondent : Mr.M.Sakthi Kumar Government Advocate (Crl. Side) 1/5

ORDER

This Criminal Original Petition has been filed to direct the Trial Court to speedy dispose of the C.C.No.217 of 2023 on the file of the learned Judicial Magistrate Court, Nanguneri, Tirunelveli.

2. According to the petitioner, he is the de facto complainant in this case and based on the complaint a case in Crime No.277 of 2011 was registered for the offences under Sections 418, 419, 465, 468, 471, 420, 294(b), 506(2), 120B, 114 and 109 of IPC and thereafter, the respondent filed final report and the same was taken on file in C.C.No.515 of 2019. Thereafter, the case has been transferred to the learned Judicial Magistrate, Nanguneri and assigned new C.C.No.217 of 2023 without any commencement of trial. Therefore, the petitioner filed this petition.

3. The learned Government Advocate (Crl. Side) appearing for the respondent would submit that the FIR has been registered in the year 2011 and charge sheet was filed in the year 2019 and now the case is pending before the learned Judicial Magistrate, Nanguneri, Tirunelveli for appearance of accused. 2/5

Since the constitution of Special Courts for Land grabbing cases has been quashed by this Court and the same was challenged through the Hon'ble Supreme Court and due to pendency of the case before the Hon'ble Supreme Court, the Trial Court has not disposed of the case and thereafter, the Hon'ble Supreme Court confirmed the order of this Court and now the case is pending for disposal. However, they will cooperate for speedy disposal by producing the witnesses as directed by the Trial Court.

4. Since the prayer of the petitioner is to direct the Trial Court to dispose of the case within the stipulated time and the respondent also assured to cooperate for speedy trial, the case is pending from 2011, this Court directs the learned Judicial Magistrate, Nanguneri, Tirunelveli to give top priority to this case and dispose of the case as early as possible without giving any long adjournment beyond one week.

5. With the above said observations, this Criminal Original Petition stands disposed of.

24.03.2025 NCC : Yes / No Index : Yes / No Internet : Yes BTR 3/5

To 1.The Inspector of Police, Nanguneri Police Station, Tirunelveli District.

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

4/5

P.DHANABAL, J.

BTR 24.03.2025 5/5