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Madras High CourtCRL OP(MD)/10443/2023disposed of

Abernesh v. The Sub Inspector Of Police

2023-06-14Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.06.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN Abernesh ... Petitioner/Accused No.1 Vs.

1.The Sub Inspector of Police, Thiruvattar Police Station, Kanyakumari District.

(Crime No.154 of 2018)

...Respondent/Complainant

2. Sunilkumar

...Respondent/defacto Complainant

PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to direct the Judicial Magistrate No.II, Padmanabhapuram to expedite the trial in C.C.No.174 of 2021 and complete the same within a stipulated time.

For Petitioner : Mr.N.S. Ramakrishna Dass For Respondents : Mr.B. Nambiselvan Additional Public Prosecutor 1/4

ORDER

Seeking direction to the learned the Judicial Magistrate No.II, Padmanabhapuram to expedite the trial in C.C.No.174 of 2021 and complete the same within a stipulated time, this petition has been filed. 2.The learned counsel for the petitioner would submit that though the petitioner has got job, due to the pendency of the above said case, they are not in position go the order. He would further submit that the third accused was not appearing before the trial Court. Hence, warrant was issued against him. If it so, the case in C.C.No.174 of 2021 pending on the file of the learned Judicial Magistrate No.II, Padmanabhapuram, be split up against the third accused and proceed the case against other accused persons who are regularly appearing before the trial Court. 3.The learned Additional Public Prosecutor would submit that the first accused filed Crl.M.P.No.2206 of 2022 before the trial Court, seeking order of split up. The above said application is kept pending. 4.In view of the above said directions, the above said petition shall 2/4

be closed. After completion of split up process, let the trial process be completed within a period of four months from the date of receipt of a copy of this order.

5.With the above said directions, this criminal original petition stands disposed of.

14.06.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No TM To 1.The Sub Inspector of Police, Thiruvattar Police Station, Kanyakumari District.

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

3/4

G.ILANGOVAN ,J.

TM 14.06.2023 4/4