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Madras High CourtCRL OP(MD)/7033/2025disposed of

B. Balaji v. The State Of Tamilnadu Rep. By

2025-04-21Honourable Mr. Justice P.Dhanabal5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.04.2025

CORAM

THE HONOURABLE MR.JUSTICE P. DHANABAL B. Balaji ... Petitioner Vs

1. The State of Tamilnadu Rep., By, the Inspector of Police, Manoor Police Station, Tirunelveli District.

2. M. Maharajan ... Respondents PRAYER: Criminal Original petition has been filed under Section 528 of BNSS to grant Direction, directing the learned Judicial Magistrate No.V, Tirunelveli to expedite the trial in C.C.No. 1558 of 2022 within the time limit that may be stipulated by this Court. For Petitioner : Mr.Jai Surya Prakash.S., For R1 : Mr.M.Sakthi Kumar Government Advocate (Crl.Side) 1/5

O R D E R

This Criminal Original Petition has been filed seeking a direction to the learned Judicial Magistrate No.V, Tirunelveli to expedite the trial in C.C.No. 1558 of 2022.

2.According to the petitioner, he is the sole accused in this case and based on the complaint lodged by the second respondent, an FIR in Crime No.351 of 2021 was registered. After investigation, the first respondent filed the charge sheet for the offence under Sections 279 and 337 of IPC and the trial Court has also taken cognizance of the same in C.C.No. 1558 of 2022, without commencement of trial, the case is pending. Hence this petition.

3.The learned Government Advocate (Crl.Side) appearing for the respondent police would submit that based on the complaint lodged by the second respondent, an FIR in Crime No. 351 of 2021 and after investigation, the first respondent filed the charge sheet and the same was taken cognizance in C.C.No. 1558 of 2022. Now, the case is posted for examination of witnesses L.W.1 to L.W.5. They will co-operate for 2/5

the speedy disposal by producing the witnesses without any delay as directed by the trial Court.

4.Considering the limited scope of the prayer sought for in this petition, this Court, without even issuing notice to the private respondent, is inclined to pass order.

5.Since the case is pending from the year 2021 and now the same is posted for examination of witnesses L.W.1 to L.W.5, this Court directs the learned Judicial Magistrate No.V, Tirunelveli to complete the trial in C.C.No. 1558 of 2022 as early as possible without granting long adjournments beyond fifteen days.

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

21.04.2025 Internet :Yes Index :Yes/No NCC :Yes/No LR 3/5

To 1.The Judicial Magistrate No.V, Tirunelveli.

2. The State of Tamilnadu Rep., By, the Inspector of Police, Manoor Police Station, Tirunelveli District.

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

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P. DHANABAL, J.

LR 21.04.2025 5/5