S.Abdul Althaf v. State Of Tamilnadu Rep By Inspector Of Police, Dcb

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.04.2026 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI Crl.O.P.(MD)No.7644 of 2026 V.T.S.A.Shiek Abdul Kadhar (Died) Dr.S.Abdul Althaf (LR of the defacto complainant) ... Petitioner Vs 1.State of Tamilnadu Rep by The Inspector of Police, (DCB), Tirunelveli District, Crime No.15/2020.

2.V.T.S.A.Abdul Hameed 3.V.T.S.A.Hameed Husain 4.V.T.S.A.Abdul Bhasith

...Respondents

Prayer : Criminal Original Petition filed under Section 528 of BNSS, to fix the time frame to conclude the trial in CC.No.1408/2025 on the file of the Judicial Magistrate 1 at Tirunelveli as stipulated by this Court.

For Petitioner : Mr.A.Ansar, For R1 : Mr.A.Albert James Government Advocate (Crl.side) 1/6

O R D E R

Seeking speedy disposal of the case in CC.No.1408 of 2025, on the file of the Judicial Magistrate Court No.I, Tirunelveli, the petitioner, who is the son of the defacto complainant has approached this Court as the defacto complainant died, pending the case.

2. A case in Crime No.15 of 2020 has been registered on the file of the DCB, Tirunelveli, on the complaint of one V.T.S.A.Shiek Abdul Kadhar as against his own sons that they have forged his signature. After investigation, a final report was filed and the same was taken on file in CC No.1408 of 2025 by the learned Judicial Magistrate No.I, Tirunelveli. This petitioner is also one of the sons of the defacto complainant, who is shown as LW 2 in CC No.1408 of 2025. Pending investigation, the defacto complainant /petitioner's father died and therefore, LW 2/the petitioner has presented this application seeking a direction to the trial Court to conclude the trial in the above case within a stipulated time.

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3.The learned counsel appearing for the petitioner submits that the accused are intimidating this petitioner, lodging false complaints as against him and they are also preventing him from deposing before the Court. Since there is a threat to the witness, the petitioner seeks a direction from this Court to conclude the trial in an expeditious manner.

4.Mr.A.Albert James, learned Government Advocate (Crl.side), who takes notice for the first respondent submits that the investigation has been concluded and a final report has been filed in the year 2025 and the same is taken on file in CC No. 1408 of 2025 and the case is posted to 14.05.2026 for furnishing copies to the accused. According to him, the respondents 2 to 4 are the accused in CC No.1408 of 2025 and they are none other than the brothers of this petitioner.

5.This Court considered the rival submissions made and also perused the materials placed on record.

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6.It appears that due to family dispute, a complaint has been lodged by the father of the petitioner as against his own sons and after investigation final report has also been filed. Considering the relief to be granted by this Court, this Court is not issuing any notice to the respondents/accused.

7.The final report has been filed only in the year 2025. It appears that this petitioner and the accused are influential persons and also engaging in Beedi manufacturing business. Without knowing the pendency of the case before the Judicial Magistrate Court No.I, Tirunelveli, this Court cannot issue any direction to give priority to this case. Admittedly, the case is of the year 2025. Considering the apprehension made by this petitioner, the trial Court shall endeavour to conclude the trial in CC No.1408 of 2025 as expeditiously as possible. Copies shall be furnished to the accused on 14.05.2026 without fail. In the event, if this petitioner is having any other grievance that there is a threat from the accused, it is always open to this petitioner to lodge a separate complaint to that effect.

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8.With the above directions, this Criminal Original Petition is disposed of.

21.04.2026 NCC : Yes/No Index : Yes/No Internet:Yes vrn To 1.The Inspector of Police, (DCB), Tirunelveli District.

2.The Judicial Magistrate Court No.I, Tirunelveli. 5/6

B.PUGALENDHI,J vrn Order made in Crl.O.P.(MD)No.7644 of 2026 21.04.2026 6/6