Madras High CourtCRL OP(MD)/5841/2024disposed of

Shanmugavel v. The Inspector Of Police

2024-07-25Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.07.2024

CORAM

THE HON'BLE MR.JUSTICE B.PUGALENDHI Shanmugavel ... Petitioner Vs The Inspector of Police, Puliyarai Police Station, Tenkasi District.

... Respondent (Crime No.209 of 2022) PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the respondent to expedite the case in C.C.No.55 of 2023 on the file of the learned Judicial Magistrate, Sengottai, Tenkasi District in Crime No.209 of 2022 U/s.341, 294(b), 323, 506(ii) of IPC on the file of the respondent herein, within the time stipulated by this Court. For Petitioner : Mr. D.Balamurugapandi For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor 1/4

O R D E R

This Criminal Original Petition has been filed seeking a direction to the learned Judicial Magistrate, Sengottai, Tenkasi District, to expedite the trial in C.C.No.55 of 2023, within a stipulated time fixed by this Court.

2.The learned Counsel for the petitioner submits that the trial is pending from the year 2023 and the trial Court has now adjourned the case to 25.11.2025.

3.This Court is of the view that it would not be proper on the part of the learned Judicial Magistrate to adjourn the case in such a manner after two years. May be the trial Court is burdened with several works, but, at the same time, the trial Court is not expected to adjourn the case in such a manner, which would certainly demoralize the witnesses. Without knowing the work burden of the trial Court, this Court is not inclined to issue any direction to the trial Court. However, the trial Court is directed to prepone the case and shall endeavour to conclude the trial as 2/4

expeditiously as possible.

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

25.07.2024 NCC : Yes/No Internet:Yes/No Index:Yes/No jbr To

1. The Inspector of Police, Puliyarai Police Station, Tenkasi District.

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

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B.PUGALENDHI, J.

jbr 25.07.2024 4/4