M.Ochu v. G.Soumian

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.06.2025

CORAM

THE HON`BLE MR.JUSTICE B.PUGALENDHI M.Ochu ... Petitioner versus G.Soumian ... Respondent Prayer : Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, to direct the learned Judicial Magistrate FTC II, Madurai, to dispose the complaint in S.T.C.No.485 of 2023 within a time frame that may be fixed by this Court.

For Petitioner : M/s.A.Raja

ORDER

The petitioner, who is the complainant in S.T.C.No.485 of 2023, has filed this petition seeking a direction to the learned Judicial Magistrate FTC II, Madurai, to conclude the trial in S.T.C.No.485 of 2023 within a stipulated time.

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2. The learned counsel for the petitioner submits that the complaint of the petitioner was taken on file in S.T.C.No.485 of 2023 and his evidence was recorded in chief on 18.12.2023. However, for the purpose of cross examination of the complainant, the case was being adjourned for more than seven months and the cross examination has not been concluded sofar. Though the case has been posted for the purpose of cross examination for six times, the learned counsel for the accused has evaded the cross examination and the trial Court is also providing time, enabling the accused to take time for the purpose of cross examination. Therefore, the petitioner has approached this Court.

3. This Court considered the submissions of the learned counsel for the petitioner.

4. This Court is not inclined to issue a direction to the trial Court to conclude the trial, particularly, in this case, without considering the other pendency of cases. At the same time, this Court is not inclined to endorse the conduct of the trial Court in permitting the accused to take 2/4

adjournment at the stage of cross examination for more than six hearings. Therefore, this Court directs the learned Judicial Magistrate FTC II, Madurai, to conclude the trial in S.T.C.No.485 of 2023, within a period of three months from the date of receipt of a copy of this order.

5. With the above direction, this criminal original petition is disposed of.

27.06.2025 Index : Yes / No.

Internet : Yes / No.

NCC : Yes / No.

ogy To

1. The Judicial Magistrate FTC II, Madurai.

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B.PUGALENDHI, J.

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