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Madras High CourtCRL OP(MD)/13345/2024disposed of

A.Sivaji Ganesan v. The Inspector Of Police

2024-08-14Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.08.2024

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR A.Sivaji Ganesan ... Petitioner Vs.

The Inspector of Police, Y.Othakadai Police Station, Madurai District-107.

... Respondent PRAYER : Criminal Original Petition filed under Section 528 BNSS, to direct the learned Judicial Magistrate, Melur to expedite the trial in C.C.No.211 of 2023 within a time frame as may be fixed by this Court. For Petitioner : Mr.S.Mahendrapathy For Respondent : Mr.P.Kottai Chamy Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed, invoking Section 528 BNSS, seeking orders to direct the learned Judicial Magistrate, Melur to expedite the trial in C.C.No.211 of 2023 within a time frame as may be fixed by this Court.

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

3. It is evident from the records that on the basis of the complaint given by the petitioner, FIR came to be registered in Crime No.134 of 2022 and that the respondent, after completing the investigation, has laid the final report before the learned Judicial Magistrate, Melur and the same was taken on file in C.C.No.211 of 2023.

4. The learned counsel appearing for the petitioner would submit that summons were issued to the accused on 25.07.2023 but till date, the case was posted for issuing of fresh summons and that the petitioner was driven to pillar to post to get his legal remedy.

5. The main contention of the petitioner is that the occurrence was happened in the year 2022. The High Court has already issued Circulars to the District Judiciary directing the Courts to give priority for the cases relating to the Senior Citizens, HIV affected persons, Defence personnel, women and children etc., The petitioner, without approaching the trial 2/4

Court, has directly approached this Court. In the absence of total pending particulars and the work burden of that particular Court, this Court is not inclined to give any direction to dispose of the case within the specified period of time.

6. However, the trial Court is required to give priority to the cases, as per the Circulars of the High Court. The petitioner is at liberty to approach the trial Court and if such requisition for early disposal of the case is made, the learned trial Judge is directed to consider the same, in the light of the circulars issued by this Court.

7. With the above observation and direction, this Criminal Original Petition stands disposed of.

14.08.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No csm 3/4

K.MURALI SHANKAR,J.

csm To 1.The Judicial Magistrate, Melur.

2.The Inspector of Police, Y.Othakadai Police Station, Madurai District-107.

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

Order made in Dated: 14.08.2024 4/4