M.Saravanan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.07.2023

CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN Crl.O.P.(MD) No.12825 of 2023 1.M.Saravanan 2.M.Paneerselvam ... Petitioners / Accused Nos.1 & 6 Vs.

State represented by the Inspector of Police, Thanjavur Taluk Police Station, Thanjavur District.

(Crime No.433 of 2019) ... Respondent / Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, directing the learned Judicial Magistrate No.II, Thanjavur, to expedite and complete the trial in C.C.No.249 of 2021 in Crime No.433 of 2019 on the file of the second respondent within the stipulated time as fixed by this Court.

For Petitioners : Mr.V.Malaiyendran For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor 1/4

O RDER This Criminal Original Petition is filed by the petitioners / Accused Nos.1 & 6 in C.C.No.249 of 2021 on the file of the learned Judicial Magistrate No.II, Thanjavur, for expeditious trial.

2. It is submitted by learned counsel for the petitioners that on a complaint given by the defacto complainant, a case has been registered by the Police in Crime No.433 of 2019 for the offences under Sections 392 and 120B of I.P.C. and after fullfledged investigation, the Police have filed the charge sheet and the same was taken on file by the learned Judicial Magistrate No.II, Thanjavur as C.C.No.249 of 2021. It is submitted that in spite of filing the charge sheet in the year 2021, the trial in this case has not been progressing properly.

3. It is submitted by learned Additional Public Prosecutor that out of the seven accused, Accused No.2 is not attending and thereby, non-bailable warrants are issued against him on 15.06.2023.

4. Considering the submissions made by the learned Additional Public Prosecutor, the concerned respondent Police is directed 2/4

to see that the warrant issued against Accused No.2 is executed as expeditiously as possible and on execution of such non-bailable warrant or on recalling of warrant, the trail Court is directed to expedite the disposal of C.C.No.249 of 2021 within a period of six months, after recalling of warrant or after on execution of warrant as the aspects may be.

5. With the above direction, the Criminal Original Petition stands disposed of.

18.07.2023 NCC : Yes/No Index : Yes/No Internet : Yes/No tsg To 1.The Judicial Magistrate No.II, Thanjavur.

2.The Inspector of Police, Thanjavur Taluk Police Station, Thanjavur District.

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

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DR.D.NAGARJUN. J.

tsg Crl.O.P.(MD)No.12825 of 2023 18.07.2023 4/4