Kamalakannan v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.07.2025 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI Kamalakannan ... Petitioner Vs.

1. The State of Tamilnadu Rep. By, the Inspector of Police DCB Police Station, Tirunelveli District.

Crime No.39 of 2018

2. Sornam ... Respondents Prayer : Criminal Original Petition filed under Section 528 BNSS, to direct the learned Judicial Magistrate Court No.I, Tirunelveli District to expeditiously complete the trial in C.C.No.155 of 2023 and complete the same within the time stipulated by this Court. For Petitioner : Mr.R.Muthuram For R1 : Mr.P.Kottai Chamy, Government Advocate(Crl.side) 1/5

ORDER

The petitioner is A4 in C.C.No.155 of 2023 on the file of the learned Judicial Magistrate No.I, Tirunelveli. Strangely, an accused has approached this Court seeking a direction to complete the trial within a time frame.

2.The learned counsel appearing for the petitioner submits that the petitioner has been unnecessarily roped in this case as an accused. The case was registered in the year 2018 and charge sheet filed in the year 2023. The trial has not been progressed and therefore, the petitioner has filed this petition. 3.The learned Government Advocate(Crl.side) appearing for the first respondent submits that the case was posted on 03.07.2025 and thereafter, it was adjourned to 07.10.2025 for serving summons to L.W.1 to L.W.5.

4.This Court has considered the submissions made on either side and perused the available records.

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5.The petitioner claims that he is innocent. However, in view of the false case foisted, he is unnecessarily appearing regularly before the trial Court from the year 2023 and facing false accusation from the year 2018. According to the learned Government Advocate(Crl.side), though the final report was filed in the year 2023, the trial has not been commenced and the case is posted for the examination of L.W.1 to L.W.5. The trial Court has also adjourned the case, which is listed for hearing on 03.07.2025 to 07.10.2025, after a period of three months. This may not be a proper. The trial Court has to give some priority and try to conclude the proceedings, as expeditiously as possible. The respondent Police is also directed to produce the witnesses, on 07.10.2025 before the trial Court, without any further delay. Accordingly, this criminal original petition is disposed of. 21.07.2025 NCC : Yes/No Index : Yes/No Internet:Yes gns 3/5

To

1. The Judicial Magistrate Court No.I, Tirunelveli District 2.The Inspector of Police DCB Police Station, Tirunelveli District.

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

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B.PUGALENDHI,J gns 21.07.2025 5/5