Madhankumar v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.08.2024
CORAM
THE HON'BLE MR.JUSTICE K.MURALI SHANKAR 1.Madhankumar 2.Mohammed Abu ... Petitioners Vs.
State rep.by the Inspector of Police, Karur Town Police Station, Karur District.
Crime No.489 of 2022.
... Respondent PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct Special Court for NDPS Act Cases, Pudukkottai to conclude the trial in C.C.No.167 of 2023 within a reasonable time as stipulated by this Court.
For Petitioners : Mr.S.Vishnuvardhan For Respondent : Mr.E.Antony Sahaya Prabhar, Additional Public Prosecutor.
ORDER
This Criminal Original Petition has been filed, invoking Section 528 of BNSS., seeking orders, to direct Special Court for NDPS Act Cases, 1/4
Pudukkottai to conclude the trial in C.C.No.167 of 2023 within a reasonable time as stipulated by this Court.
2. Heard the learned counsel appearing for the petitioners and the learned Additional Public Prosecutor appearing for the respondent.
3. It is evident from the records that on the basis of the complaint lodged by the complainant, FIR came to be registered in Crime No.489 of 2022 and that the respondent, after completing the investigation, has laid the final report before the Special Court for NDPS Act Cases, Pudukkottai and the same was taken on file in C.C.No.167 of 2023.
4. The main contention of the petitioner is that though the learned Judge has issued schedule for inquiry, the respondent Police has not taken any steps to bring a single witness before the Court and that the trial is not yet commenced.
5. 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 2/4
children etc., The petitioner without approaching the trial 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.
21.08.2024 NCC : Yes/No Index : Yes / No Internet : Yes / No das 3/4
K.MURALI SHANKAR,J.
das To 1.The Judge, Special Court for NDPS Act Cases, Pudukkottai.
2.The Inspector of Police, Karur Town Police Station, Karur District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Order made in Dated: 21.08.2024 4/4