Sangili v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.04.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP(MD) No.6388 of 2016 Sangili

...Petitioner/I Accused

Vs The Inspector of Police, Srivilliputhur Town Police Station, Srivilliputhur, Virudhunagar District.

... Respondent Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to direct the respondent for speedy disposal of S.C.No.31/2014 under Sections 489(B)(C) r/w 34 I.P.C. pending before the Assistant Sessions Court, Srivilliputhur. For Petitioner : Mrs.D.Farjana Ghoushia For Respondents : Mrs.S.Prabha Government Advocate(Crl.Side)

O R D E R

This petition has been filed to direct the respondent for speedy disposal of S.C.No.31/2014 under Sections 489(B)(C) r/w 34 I.P.C.

pending before the Assistant Sessions Court, Srivilliputhur.

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

3. It is seen that this petitioner is facing trial in S.C.No.31 of 2014 under Sections 489(B)(C) r/w 34 I.P.C. on the file of the learned Assistant Sessions Judge, Srivilliputhur and has come forward with this application for a direction to the trial Court to expeditiously complete the trial.

4. The learned Counsel for the petitioner submitted that the petitioner is always ready and willing to co-operate with the trial Court by cross-examining the evidence on the day they are examined in chief.

https://hcservices.ecourts.gov.in/hcservices/

5. It is also seen that out of three accused viz., Sangili, Amalraj and Purusothamasoni, Amalraj died and that Purusothamasoni

is also attending the Court regularly.

6. Taking note of the submissions of the learned Counsel for the petitioner, this Court directs the learned Assistant Sessions Judge, Srivilliputhur to complete the trial in S.C.No.31 of 2014 within a period of six months from the date of receipt of a copy of this order, provided the petitioner and other accused co-operate with the trial by engaging an Advocate and crossexamine 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 adopt any dilatory tactics, it is open to the trial Court to remand them 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. With the above directions, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(W) /True copy/ Sub Assistant Registrar To

1. The Assistant Sessions Court, Srivilliputhur. 2.The Inspector of Police, Srivilliputhur Town Police Station, Srivilliputhur, Virudhunagar District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +one cc to M/s.G.Mariappan, Advocate in SR.No.23685 ssl CSL/AAL-MPA/06.05.2016 : 2p/5c Crl.OP No.6388 of 2016 25.04.2016 https://hcservices.ecourts.gov.in/hcservices/