Gnanasekaran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.08.2024

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR Gnanasekaran ... Petitioner Vs.

1.State rep by its The Inspector of Police, PEW, Pattukottai, Thanjavur District, (Crime No.246 of 2006) 2.K.Jeyapaul The Inspector of Police, PEW, Pattukottai, Thanjavur District.

... Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to issue a direction, directing the learned Assistant Sessions / Sub Court, Pattukottai, Thanjavur District to expedite the trial in S.C.No.184 of 2009 within a stipulated time as fixed by this Court. For Petitioner : Mr.D.R.Murugesan For R1 : Mr.K.Sanjai Gandhi Government Advocate (Crl. Side) 1/4

ORDER

This Criminal Original Petition has been filed, invoking Section 528 B.N.S.S., seeking orders to direct the learned Assistant Sessions / Sub Court, Pattukottai, Thanjavur District to expedite the trial in S.C.No. 184 of 2009 within a stipulated time as fixed by this Court.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal Side) appearing for the first respondent.

3. When the matter is taken up for hearing today, the learned Government Advocate (Criminal Side) appearing for the first respondent would submit that in the above sessions case, there are totally 11 accused and Non-Bailable Warrant is pending against 11th accused from 28.01.2022 and that except 11th accused, all other accused are appearing.

4. It is seen from the records that the sessions case in S.C.No.184 of 2009 is pending from 2009 onwards.

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5. Since the petitioner and other accused persons are appearing and Non-Bailable Warrant is pending only against the 11th accused, the first respondent is hereby directed to take necessary steps for executing the warrant as against the 11th accused and on their failure to execute the warrant within the reasonable time, the first respondent is directed to take necessary steps for splitting up the case as against the 11th accused and in case of split up, the trial Court is directed to proceed with the trial and complete the same as early as possible.

6. With the above directions, this Criminal Original Petition stands disposed of.

05.08.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No csm To 1.The Subordinate Court, Pattukkottai.

2.The Inspector of Police, PEW, Pattukottai, Thanjavur District.

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

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K.MURALI SHANKAR,J.

csm Order made in Dated: 05.08.2024 4/4