Madras High CourtCRL OP(MD)/9829/2016allowed

Ganesan v. The Inspector Of Police

2017-09-14Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.01.2018

CORAM:

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM CRL.O.P.(MD)No.9829 of 2016 Ganesan ... Petitioner -VsThe State represented by The Inspector of Police, Arumanai Police Station, Kanyakumari District.

... Respondent (Crime No.96/2000) PRAYER: Petition is filed under Section 482 of the Criminal Procedure Code, to direct the learned Subordinate Judge, Kuzhithurai to Expedite the Trial in S.C.No.256 of 2002 within a stipulated period as prescribed by this Court.

For Petitioner : Mr.B.Brijesh Kishore For Respondent : Mr.K.Anbarasan Government Advocate (Crl.side)

O R D E R

This Court by the order dated 14.09.2017 in Crl.O.P.(MD)No.9829 of 2016, directed the learned Assistant Sessions Judge, Kuzhithurai, to dispose of the cases in S.C.Nos. 256 and 224 of 2002, within a period of two months from the date of receipt of a copy of the order.

2.The learned Assistant Sessions Judge, Kuzhithurai, by her letters dated 05.12.2017 has stated that the S.C.No.224 of 2002 is pending for appointment of Special Additional Public Prosecutor and https://hcservices.ecourts.gov.in/hcservices/ the case in S.C.No.256/2002 is pending for production of Death certificate of the Accused No.2.

3.The learned counsel for the petitioner has submitted that the S.C.No.256 of 2002 and S.C.No.224 of 2002 are cases in counter and the Special Additional Public Prosecutor has been appointed to conduct the case in S.C.No. 224 of 2002.

4. Considering the request made by the learned Assistant Sessions Judge and the submissions of the learned counsel by the petitioner, the Inspector of Police, Arumanai Police Station is directed to produce the Death Certificate of the Accused No.2 within 15 days before the Trial Court and thereafter, the learned Assistant Sessions Judge has to dispose of both the cases within two months. Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar To 1.The Subordinate Judge, Kuzhithurai.

2.The Inspector of Police, Arumanai Police Station, Kanyakumari District.

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

Copy to:

The Principal and Sessions Judge, Kanyakumari at Nagercoil.

CRL.O.P.(MD)No.9829 of 2016 18.01.2018 das SDS/SKN:RSK/SAR 3/31.01.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/