Suresh v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 23.06.2025

CORAM

THE HON`BLE MR.JUSTICE B.PUGALENDHI Suresh ... Petitioner versus The State of Tamil Nadu, The Inspector of Police, Pazhavoor Police Station, Tiruneveli District.

[Crime No.186 of 2023] ... Respondent Prayer : Criminal Original Petition filed under Section 528 of Bharathiya Nagarik Suraksha Sanhita, to direct the I Additional District and Sessions Judge, Tirunelveli District to expeditiously complete the trial in SC.No.640 of 2024 and complete the same with in the time stipulated by this Court.

For Petitioner : Mr.R.Mutharam For Respondent : Mr.A.S.Abul Kalam Azad, Government Advocate (Crl. side) 1/5

ORDER

The petitioner / the defacto complainant in SC.No.640 of 2024, which is pending on the file of the I Additional District and Sessions Court, Tirunelveli, has approached this Court that though the final report in the above case was filed in the year 2023, the trial has not commenced so far.

2.Considering this submission of the learned Counsel for the petitioner, this Court by order dated 05.06.2025 called for a report from the Court concerned.

3.Accordingly the learned I Additional District and Sessions Judge, Tirunelveli has submitted a report, dated 20.06.2025 that the case was taken on file on 28.11.2024 and it was posted to 10.12.2024 for the appearance of all the accused. However on 10.12.2024, A1 and A6 were not present and they filed an application to condone their absence and it was allowed. A3 and A5 2/5

were produced on PT warrant. A2 and A4 were absent and a non bailable warrant of arrest was issued as against them. Subsequently A4 surrendered on 07.03.2025 and the warrant against A-4 was recalled. A2 and A4 were produced through video conferencing. The case was listed on 05.06.2025 and on that day A1 and A3 were produced on PT warrant and A2 and A4, A5 & A6 were not present, they filed an application to condone their absence and it was allowed and now the case is adjourned to 26.06.2025.

4.A perusal of the above report reveals that the prosecution is yet to open. Considering the above report and the stage of the case, this petition is allowed with a direction to the learned I Additional District and Sessions Judge, Tirunelveli District to frame charges against the accused within a period of four weeks from the date of receipt of a copy of this order, without providing further time to them and list the case for evidence on priority chronological wise. 23.06.2025 DSK 3/5

To

1. I Additional District and Sessions Judge, Tirunelveli District 2.The Inspector of Police, Pazhavoor Police Station, Tiruneveli District.

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

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B.PUGALENDHI, J.

DSK 23.06.2025 5/5