Veerabathiran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.07.2023

CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN Veerabathiran ... Petitioner Vs.

The Inspector of Police, Bodi Town Police Station, Bodinayakkanur, Theni District.

..Respondent PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to expedite the trial in CC.No.288 of 2012 pending before the learned Judicial Magistrate, Bodinayakkanur, Theni District on day to day basis and dispose the same on merits within stipulated time limit.

For Petitioner : Mr.A.Prasanna Rajadurai For Respondent : Mr.SS.Madhavan Government Advocate (Crl.side) 1/5

O RDER This petition is filed seeking for a direction to the learned Judicial Magistrate, Bodinayakkanur, Theni District to complete the investigation and trial in CC.No.288 of 2012 within the time frame being fixed by this Court. 2.It is submitted by the learned counsel for the petitioner that originally the police have registered a case and filed the charge sheet in CC.No.288 of 2012 against 5 persons for the offences punishable under Section 420 IPC alone, of which three accused stated to have been died and the trial is being proceeded with against other accused including the petitioner, who is aged about 71 years. It is submitted further that out of the 18 witnesses listed by the prosecution, the evidences of 4 witnesses have been completed and summons have been issued for examination of the witnesses Nos.5, 6 and 8 and the matter was posted to 28.07.2023.

3.The learned Government Advocate (Crl.side) on the other hand submits that as per the direction of the Court, the prosecution is preparing to produce the witnesses and therefore, sought for suitable directions. 2/5

4.Considering the circumstances that the charge sheet has been filed in the year 2012 and even after a lapse of 11 years, only 4 witnesses were examined, the trial Court is directed to take all possible steps to expedite the trial in CC.No.288 of 2012 and dispose of the same as quickly as possible, not later than three months from the date of receipt of a copy of this order. The prosecution is directed to produce all the witnesses and the trial Court may, if necessary, take up the case on a day-to-day basis in order to complete the trial. 5.With the above directions, this Petition is disposed of. Speaking : Yes / No 25.07.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No mm To 1.The Inspector of Police, Bodi Town Police Station, Bodinayakkanur, Theni District.

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

3.The Judicial Magistrate, Bodinayakkanur, Theni District.

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DR.D.NAGARJUN. J.

mm Crl.O.P.(MD)No.13247 of 2023 25.07.2023 5/5