M/S.Classic Enterprize v. M/S.Sam Tourist

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.06.2025 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI Crl.OP(MD)No.9781 of 2025 1.M/s.Classic Enterprize, Prop. P.Praveenkumar, No.4, PGS Complex, Iyyappa Nagar Main Road, K.K.Nagar, Trichy - 21.

2.P.Praveenkumar ... Petitioners Vs 1.M/s.Sam Tourist, Prop. M.R.Narasimhamurthy, No.24, Ananth Arcade, A.V.Road, Kalasipalayam, Bangalore - 560 002.

2.M.R.Narasihamurthy

...Respondents

Prayer : Criminal Original Petition filed under Section 528 of BNSS, to direct the trial Court to expedite the trial in STC No.917 of 2024, on the file of the Judicial Magistrate Court No.IV, Trichy, within a stipulated time.

For Petitioner : Mr.C.K.M.Appaji 1/4

O R D E R

The petitioner/complainant in STC No.917 of 2024, on the file of the Judicial Magistrate Court No.IV, Trichy has filed this petition, seeking a direction to the learned Magistrate to conclude the trial in the above case within a reasonable time as stipulated by this Court. 2.The grievance of the petitioner is that a non bailable warrant of arrest was issued as against the respondent/accused, however, it has not been executed, thereby, the trial could not be proceeded. According to him, until and otherwise a direction is issued, non bailable warrant of arrest issued as against the respondent would not be executed and the trial would be kept pending without any progress. 3.This Court considered the submissions made by the learned counsel for the petitioner.

4.There are several provisions available under BNSS, if the warrant issued as against the accused is not executed. The petitioner can invoke the available provisions under Sections 84 & 85 of Bharatiya 2/4

Nagarik Suraksha Sanhita (BNSS), for attaching his property and to declare him as a proclaimed offender.

5.In view of the above, this Court is not inclined to issue any direction to the trial Court to give importance to the trial of a case, which was registered in the year 2024, when the Courts are expected to take up the cases only on chronological basis. Therefore, this Court is not inclined to issue any direction to the trial Court as prayed for. However, the trial Court is expected to execute the warrant issued as against the accused at the earliest, by following the procedure in vogue. 11.06.2025 NCC : Yes/No Index : Yes/No vrn To The Judicial Magistrate Court No.IV, Trichy.

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B.PUGALENDHI,J vrn Order made in Crl.OP(MD)No.9781 of 2025 11.06.2025 4/4