Madras High CourtCRL OP(MD)/4395/2016disposed of

B. Balachandran v. The Deputy Superintendent Of

2016-03-14Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.03.2016

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.4395 of 2016 R.Balachandran .. Petitioner Vs.

State rep. by The Deputy Superintendent of Police, OCU-CBCID Madurai City In CBCID, Virudhunagar Cr.NO.01/2013 .. Respondent Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to direct the Judicial Magistrate Court No.II, Virudhunagar to dispose the case in C.C.No.105 of 2014 within the stipulated period. For Petitioner :: Mr.M.Jothibasu For Respondent :: Mrs.S.Prabha Government Advocate (Crl. Side)

O R D E R

The petition has been filed for a direction to direct the Judicial Magistrate Court No.II, Virudhunagar to dispose the case in C.C.No.105 of 2014.

2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondent. 3.It is seen that the occurrence in this case was of the year 2006 and final report has been filed in C.C.No.105 of 2014 before the Judicial Magistrate, No.II, Virudhunagar. 4.The learned Government Advocate submitted that charges have been framed and one witness has been examined in chief and has not been cross examined by the accused.

5.It is the grievance of the petitioner/de-facto complainant that the said case is being adjourned from time to time without any progress. The Supreme Court in Vinod Kumar v. State of Punjab reported in (2015) 3 SCC 220 stated that witness should be cross examined on the very same day of their examination https://hcservices.ecourts.gov.in/hcservices/

in chief. Bearing the law laid down by the Supreme Court and the mandates of Section 306 Cr.P.C., the trial Court is directed to expeditiously complete the trial within a period of eight months from the date of receipt of a copy of this order.

6. With the above direction, this petition is disposed of. Sd/- Assistant Registrar(RTI) /True copy/ Sub Assistant Registrar To 1.The Deputy Superintendent of Police, OCU-CBCID Madurai City In CBCID, Virudhunagar 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+one cc to M/s.G.Marimuthu, Advocate in SR.No.14269 RR CSL/NGM-SS/28.03.2016 :2p/4c Crl. O.P. (MD) No.4395 of 2016 https://hcservices.ecourts.gov.in/hcservices/