← Library
Madras High CourtCRL OP(MD)/13060/2025disposed of

Dr.Hs.Shiek Ibrahim v. The State Of Tamilnadu Rep.By

2025-08-05Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.08.2025

CORAM

THE HONOURABLE MR.JUSTICE B.PUGALENDHI H.S.Shiek Ibrahim ... Petitioner Vs The State of Tamil Nadu rep by The Inspector of Police, Samayanallur Police Station, Anjugramam, Madurai District.

[Crime No.302 of 2014] ... Respondents The Criminal Original Petition filed under Section 528 BNSS, to direct the Judicial Magistrate Court, Vadipatti, Madurai District to expedite the trail and dispose CC. No.471 of 2023 within the time stipulated by this court. For Petitioner : Ms.K.Dhararani Devi.

For R1 : Mr.P.Kottaichamy, Government Advocate(CrlSide)

ORDER

The petitioner is the defacto complainant in CC.No.471 of 2023 on the file of the learned Judicial Magistrate, Vadipatti, Madurai district and he has filed this petition for a direction to the trial court to dispose of the case in CC.No.471 of 2023 within a stipulated time.

1/5

2.The petitioner's mother died on 10.10.2018. While the petitioner's mother was alive she filed a petition in CrlOP(MD)No.5270 of 2016 seeking a direction to complete the investigation in Crime No.302 of 2024 within a stipulated time and this court by order dated 03.03.2016 directed the respondent police to complete the investigation and to file a final report within a period of six months therefrom. However, the respondent police has filed the final report only in the year 2020 and the same is pending. Therefore, the petitioner is before this court. 3.The learned Government Advocate (Crl Side) appearing for the respondent submits that the final report was filed before the Special Court for Land Grabbing Cases in the year 2019 and it was taken on file on CC.No.9 of 2019. Thereafter the case was transferred to the learned Judicial Magistrate, Vadipatti and it is pending in CC.No.471 of 2023. He further submits that the case is posted to 18.08.2025 for the appearance of the accused.

4.This court considered the rival submissions made. 2/5

5.The petitioner's mother lodged a complaint in the year 2014 and the same was registered in Crime No.302 of 2014 for the offence under Sections 406, 420, 467, 468, 471 & 120(B) r/w 109 IPC. Final report was filed in the year 2019 before the Special Court for Land Grabbing Cases and subsequently it was transferred and now pending in CC.No.471 of 203 before the learned Judicial Magistrate, Vadipatti.

6.From the submission of the learned Government Advocate, it appears that there is no progress in the case. While there is a delay on the part of the investigation agency in filing the report, there is also a considerable delay on the part of the court. The case is pending for the appearance of the accused from the year 2019. Therefore, this court directs the learned Judicial Magistrate, Vadipatti to dispose of the case in CC No.471 of 2023 within a period of one year from the date of receipt of a copy of this order. 7.This petition is disposed of in the above terms. 05.08.2025 DSK 3/5

To 1.The Judicial Magistrate, Vadipatti, Madurai District.

2.The Inspector of Police, Samayanallur Police Station, Anjugramam, Madurai District.

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

4/5

B.PUGALENDHI, J .

DSK 05.08.2025 5/5