Muneeswaran v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.08.2024

CORAM

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

1.The Sub Inspector of Police, Allinagaram Police Station, Theni District.

Crime No.171 of 2016.

... Respondent PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to expedite the disposal of the case pending before the learned Judicial Magistrate, Theni in C.C.No.104 of 2017 within time stipulated by this Court.

For Petitioner : Mr.R.Venkatesan For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor.

ORDER

This Criminal Original Petition has been filed, invoking Section 528 of BNSS., seeking orders, to expedite the disposal of the case pending 1/4

before the learned Judicial Magistrate, Theni in C.C.No.104 of 2017 within time stipulated by this Court.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.

3. The learned Additional Public Prosecutor appearing for the State would submit that the petitioner is the first accused in C.C.No.104 of 2017 for the offence under Sections 487, 380 and 414 of IPC. He would further submit that NBW is pending against the second accused. 4.The learned counsel appearing for the petitioner would submit that the case is pending form 2017 without any progress and hence, he was constrained to file the present petition.

5. Considering the above facts and circumstances of the case and taking note of the fact that since the case is pending from 2017 onwards, the respondent is directed to take necessary steps to execute the warrant at an early date and after execution of the warrant, the trial Court is directed to proceed with the trial and dispose of the same as expeditiously as 2/4

possible. In case of their failure to execute the warrant within reasonable time, the respondent is directed to take necessary steps for splitting up the case as against the petitioner and after the split up, the trial Court is directed to proceed with the case and dispose of the case as expeditiously as possible.

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

08.08.2024 NCC : Yes/No Index : Yes / No Internet : Yes / No das To 1.The Judicial Magistrate, Theni.

2.The Sub Inspector of Police, Allinagaram Police Station, Theni District.

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

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K.MURALI SHANKAR,J.

das Order made in Dated: 08.08.2024 4/4