Shanmugam v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.06.2025

CORAM

THE HON`BLE MR.JUSTICE B.PUGALENDHI Shanmugam ... Petitioner versus State rep. by The Inspector of Police, District Crime Branch, Kanyakumari District.

... Respondent Prayer : Petition filed under Section 482 Cr.P.C. and Section 528 of BNSS, seeking a direction to the learned Judicial Magistrate No.1, Nagercoil, Kanyakumari District to complete the trial and dispose of the case in C.C.No.80 of 2016 within a stipulated time. For Petitioner : Mr.B.Micheal Sebastin For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor

ORDER

The petitioner, a victim in Crime No.10 of 2016, has approached this Court that though the final report was filed in the year 2016, it has 1/4

not reached its finality for the past nine years.

2. The case of the petitioner is that the accused in Crime No.10 of 2016 has received money under the guise of arranging a medical seat and thereafter, cheated him. On the complaint of the petitioner, the respondent Police registered a case in Crime No.10 of 2016, conducted investigation and found that there are materials as against the accused. Therefore, they have filed the final report as against the accused before the learned Judicial Magistrate No.I, Nagercoil. The learned Judicial Magistrate has also taken the final report on its file in C.C.No.80 of 2016 and the same is still pending.

3. The learned Additional Public Prosecutor, on instructions, submits that out of 10 witnesses, five witnesses were already examined and the case is now posted for examination of L.W.7 to L.W.9 on 18.06.2025.

4. Since it is reported that the case is now posted for examination of L.W.7 to L.W.9 on 18.06.2025, this Criminal Original Petition is 2/4

closed with a direction to the respondent Police to produce the witnesses on 18.06.2025. The trial Court is also directed to examine the witnesses without granting any further adjournments. The trial Court is expected to give priority to old year cases. If a victim is waiting for nine years, then, there is no purpose in prosecuting the accused.

5. Therefore, the trial Court is directed to conclude the trial in C.C.No.80 of 2016 within a period of three months from the date of receipt of a copy of this order. The Investigating Officer shall appear before the trial Court on the date on which he has been summoned for trial and co-operate for the trial.

02.06.2025 Index : Yes / No.

Internet : Yes / No.

NCC : Yes / No.

ogy To

1. The Inspector of Police, District Crime Branch, Kanyakumari District.

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

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B.PUGALENDHI, J.

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