Madras High CourtCRL OP(MD)/5782/2016disposed of

Kingsley v. The Superintendent Of Police

2016-04-22Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.04.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP(MD) No.5782 of 2016 Kigsley ..Petitioner/Accused Vs 1.The Superintendent of Police, Thoothukudi District.

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

(Crime No.65 of 2013) .. Respondent/Complainant Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to direct the Judicial Magistrate, Sathankulam, Thoothukudi District to dispose of C.C.No.111 of 2013 pending on his file within the time stipulated by this Court. For Petitioners :Mr.S.M.Lingeswaran For Respondent :Mrs.S.Prabha Government Advocate(Crl.Side)

O R D E R

This petition has been filed to direct the Judicial Magistrate Sathankulam, Thoothukudi District to dispose of C.C.No.111 of 2013 pending on his file within the time stipulated by this Court.

2. Heard the learned counsel for the petitioner and the learned Government Advocate(Crl.Side) appearing for the State.

3. Taking into consideration the fact that the case is pending from the year 2013, this Court directs the trial Court to complete the trial in C.C.No.111 of 2013 within a period of six months from the date of receipt of a copy of this order, provided the accused co-operates with the trial Court by engaging an Advocate and cross-examine the witnesses on the date when they are examined in chief as held by the Honourable Supreme Court in Vinod Kumar Vs. State of Punjab, reported in 2015(1) MLJ 288(SC). If the accused adopts any dilatory tactics, it is open to the trial Court to remand hi to custody as per Section 309 Cr.P.C. and also as per the the decision laid down by the Honourable Supreme Court in State of U.P. Vs. Sambhunath Singh reported in 2001(4) SCC 667.

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4. With the above directions, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(Crl.Side) /True copy/ Sub Assistant Registrar Madurai Bench of Madras High Court, Madurai.

ssl To 1.The Superintendent of Police, Thoothukudi District.

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

3. The Judicial Magistrate, Sathankulam, Thoothukudi District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 cc to Mr.A.Robinson, Advocate, SR No.22639 RG.JGB/SS/13.05.2016 2P.6C Crl.OP No.5782 of 2016 22.04.2016 https://hcservices.ecourts.gov.in/hcservices/