Vengadesh v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Criminal Original Jurisdiction Friday,the Twenty Third day of September Two Thousand and Twenty Two PRESENT The Hon'ble Mr.Justice SATHI KUMAR SUKUMARA KURUP Vengadesh S/o. Annamalai No.167/3 Thevar Street Sirumalanji (Thiruvenkadanathapuram) Ervadi Post Naguneri Taluk Tirunelveli District. Petitioner/Accused No.1 Vs 1 The Inspector of Police Eruvadi Police Station Tirunelvelil District. Respondent/Complainant 2 Esakkiraja ...2nd Respondent/Defacto Complainant Prayer :- This Criminal Original Petition is filed Under Section 482 of Cr.P.C., To direct,directing the learned 2nd Additional District Court,Tirunelveli to dispose the case in SC.No.90 of 2020,within a stipulated period of time as fixed by this Honble Court.
ORDER:- This Criminal Original Petition coming on for orders on this day and upon perusing the earlier order of this court and letter in D.No. 1927/2022 dated 16.09.
This Court directed the learned II Additional District Judge, Tirunelveli, to dispose of the case in S.C.No.90 of 2020 within a period of three months from the date of receipt of a copy of the order passed in Crl.O.P(MD)No.9438 of 2022 on 19.05.2022. 2.The learned II Additional District Judge, Tirunelveli, had offered remarks regarding the pendency of the case and seeks time to dispose the same. As per the remarks offered by the learned II 1/3
Additional District Judge, Tirunelveli, a copy of the order in Crl.O.P(MD).No.9438 of 2022 was received by him on 17.05.2022. Except A1, other accused persons are not present before the Court. Therefore, summons were issued. Subsequently, A1, A5 to A8, A10 to A12 appeared before the Court and NBW was issued against A2 to A4 for their absence before the trial Court. Till date, NBW was pending against A2 and A3. In the meantime, other accused persons, who had appeared before the Court, filed an application to split up the case as against A2 and A3. As per the report of the Investigating Officer, A2 and A3 are stated to be residing in NorthIndia. 3.Considering the facts and circumstances of the case, the learned II Additional District Judge, Tirunelveli, is directed to split up the case against A2 and A3.
The Investigating Officer is directed to take effective steps through the Court to declare the absconding accused/ A2 and A3, as proclaimed offenders and trace out them from North-India. As per the remarks offered by the learned II Additional District Judge, Tirunelveli, he can proceed with the trial against the accused, who are appearing before the Court. In due course of trial, if any of the accused is absconding, he can issue NBW and on execution of NBW, if the accused are produced, directed to remand and detain them, till the disposal of the case. 4.In view of the above, the learned II Additional District Judge, Tirunelveli is directed to dispose of the case in SC.No.90 of 2020, within a period of three months, from the date of receipt of a copy of this order.
The prosecution is directed to file an appropriate application under Section 82 of the Code of Criminal Procedure, regarding the absconding accused.
1. The II Additional District Court, Tirunelveli.
2. The Inspector of Police Eruvadi Police Station Tirunelvelil District.
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai 2/3
Copy to:
The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai ORDER DATED : 23/09/2022 ==========================
ORDER
========================== Giving direction and etc.
as stated within.
SS/07/10/2022/ 3P 5C 3/3