Madras High CourtCRL OP(MD)/6029/2025disposed of

K.S.Siva Shanmugam v. The State Of Tamilnadu Rep.By

2025-04-02Honourable Mr. Justice P.Dhanabal4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.04.2025 CORAM :

THE HON'BLE MR.JUSTICE P. DHANABAL K.S.Siva Shanmugam ... Petitioner Vs.

1. The State of Tamil Nadu, rep by The Deputy Superintendent of Police, Special Investigation Division, CBCID, Tirunelveli.

2.V.Muthuraman ... Respondents Prayer : Criminal Original Petition filed under Section 528 of BNSS To direct the Special Court for Trial of Cases under SCs/STs (POA) Amendment Act, Thoothukudi to dispose the Crl.M.P.No.1483 of 2022 within stipulated time fixed by this Court.

For Petitioner : Mr.S.Gokulraj For R1 : Mr.M.Sakthi Kumar, Government Advocate (Crl.Side)

ORDER

This petition is filed by the petitioner to direct the Special Court for 1/4

Trial of Cases under SCs/STs (POA) Amendment Act, Thoothukudi to dispose the Crl.M.P.No.1483 of 2022.

2. The learned counsel for the petitioner would submit that the petitioner is the accused in this case. Based on the complaint given by the second respondent, the case in crime No.9 of 2018 was registered under Sections 294(b), 323 and 506(2) of IPC and thereafter, the said case was closed as mistake of fact on 24.01.2021 and to that effect, they filed the charge sheet before the Special Court for Trial of Cases under SCs/STs (POA) Amendment Act, Thoothukudi, on 03.01.2022. Thereafter, the defacto complainant filed protest petition in Crl.M.P.No.1483 of 2022 and the same is also pending for more than three years without any orders. Hence, he filed this petition.

3. The learned Government Advocate (Crl.Side) for the first respondent would fairly submit that today, the concerned police is not appeared and he has no instructions.

4. Considering the prayer sought for in this petition, this Court, without issuing notice to the second respondent, is inclined to pass orders, 2/4

by directing the Special Court for Trial of Cases under SCs/STs (POA) Amendment Act, Thoothukudi to dispose of Crl.M.P.No.1483 of 2022, within one month from the date of receipt of a copy of this order.

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

02.04.2025 NCC : Yes / No Index : Yes / No Internet : Yes apd To 1.The Special Judge, The Special Court for Trial of Cases under SCs/STs (POA) Amendment Act, Thoothukudi 2.The Deputy Superintendent of Police, Special Investigation Division, CBCID, Tirunelveli.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 3/4

P. DHANABAL , J., apd 02.04.2025 4/4