Madras High CourtCRL OP(MD)/15789/2022disposed of

Pandi v. The Inspector Of Police

2022-09-07Honourable Mr Justice Sathi Kumar Sukumara Kurup5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.09.2022

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP CRL.O.P (MD) No.15789 of 2022

1. Pandi

2. Veerapandi

3. Anbu @ Muthupandi

4. Muthupandi

...Petitioners

vs The Inspector of Police Sindupatty Police Station Madurai District

...Respondent

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned Judicial Magistrate, Thirumangalam, Madurai District to speedily dispose the case in C.C.No.153 of 2021 within a time frame as fixed by this Court.

For Petitioners : Mr.R.GowriShankar For Respondents : Mr.B.Nambiselvan Additional Public Prosecutor 1/5

O R D E R

This Criminal Original Petition has been filed to direct the learned Judicial Magistrate, Thirumangalam, Madurai District to speedily dispose the case in C.C.No.153 of 2021 within a time frame as fixed by this Court.

2. The Counsel for the Petitioners invited the attention of this Court to the copy of B-Diary extract annexed along with the petition, wherein the proceedings are found. From the extract it is found that the trial has commenced from 07.12.2021. The B.Diary extract is extracted here under: 07.12.2021 : A4 died Death Certificate produced. A1 to A3, A5 to A12 present. Questioned about the charges leveled against the accused. Accused denied the same and claimed. For trial. Issue summons to LW.1 to LW.5. Call on 25.01.2022 25.01.2022 : As per Honourable High Court Roc.No.23991C/2020/C3-2.01.2022 case is reposted to 24.02.2022 24.02.2022 : A4 died. A3, A10,A11 absent. Petition filed and allowed. A1, A2 A4 to A9, A12 present. Issue summon to LW 1to LW 5. Call on 23.03.2022 23.03.2022 : A1 to A3, A5 to A12 present. Issue summons to LW.1 to LW 5. Call on 08.04.2022 08.04.2022 : A4 died. A8 absent. Petition filed and allowed. A1 to A3, A5 to A7, A9 to A12. Issue summons to LW 1 to LW.5. Call on 18.05.2022 2/5

18.05.2022 : A1 to A3, A5, A8 to A10, A12 present. A6, A2, A11 absent. Petition filed and allowed. Issue summons to LW. 1 to LW.3. Call on 16.08.2022

3. The learned Additional Public Prosecutor would submit that there are totally 12 accused and 10 witnesses in this case. The case stands posted to 16.11.2022.

4. Considering the submission of the learned Counsel for the Petitioners as well as the learned Additional Public Prosecutor for the State, the learned Judicial Magistrate, Thirumangalam is directed to dispose of the case within a reasonable period of three months from the date of receipt of a copy of this order.

5. The Petitioners herein who are accused 1,6,8 and 9 are directed to co-operate with the trial. Further the learned Magistrate is directed that if any one of the accused is absconding during trial, warrant may be issued and if the accused is produced he may be detained till the disposal of the case and the case need not split up after commencement of trial. Prosecution is directed to produce witness promptly. The learned Counsel 3/5

appearing for these Petitioners as well as other accused before the Trial Court shall cross examine the witnesses then and there. The learned Magistrate is directed not to grant adjournment or time for recalling witnesses by filing 311 Cr.P.C petitions and to strictly abide by the time stipulated by this Court.

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

07.09.2022 Internet:Yes./No Index:Yes/no aav To

1. The Judicial Magistrate, Thirumangalam

2. The Inspector of Police Sindupatty Police Station Madurai District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

4/5

SATHI KUMAR SUKUMARA KURUP , J.

aav CRL.O.P (MD) No.15789 of 2022 07.09.2022 5/5