Madras High CourtCRL OP(MD)/17229/2021disposed of

T.Prabakaran v. The Inspector Of Police

2021-11-08Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Criminal Original Jurisdiction Wednesday, the Sixteenth day of November Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice SATHI KUMAR SUKUMARA KKURUP T.Prabakaran ... Petitioner/Deceased victim's husband Vs The Inspector of Police, Town South Police Station, Dindigul District Cr.No.34/2019 ... Respondent/Complainant Prayer :- Criminal Original Petition filed under Section 482 of Criminal Procedure Code to direct the Fast Track Mahila Court, Dindigul to expedite the trial in S.C.No.12 of 2020. ORDER:- This Criminal Original Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon perusing the D.No.2050/2022 dated 08/11/2022 from Sessions Judge, Fast Track Mahila Court, Dindigul, this Court made the following order:

" The husband of the victim sought direction of this Court to the learned Sessions Judge, Fast Track Mahila Court, Dindigul to expedite the trial in S.C.No.12 of 2020. This Court by an order dated 08.11.2021, directed the learned Sessions Judge to dispose of the case in S.C.No.12 of 2020 within a period of six months from the date of receipt of a copy of that order.

2.Subsequently, on 02.08.2022, the case was listed under the caption 'for extension of time'. This Court by order dated 02.08.2022 had granted further time of two months to dispose of the case. Today (i.e., 16.11.2022) this case has been listed under the same caption seeking extension of time.

3.By letter dated 08.11.2022, the learned Sessions Judge submitted that the case had reached the stage of examination of witnesses except the Investigation Officer. Since the accused did not cooperate for the trial proceedings, NBW was issued against the 1/3

accused and the police officials were directed to secure the accused. Based on the above, the accused was secured by the Police Officials and now he is remanded in prison. Hence,the learned Sessions Judge seeks further time to dispose of the case. 4.The act of the learned Sessions Judge in detaining the accused in prison on production of NBW, is appreciated. The learned Sessions Judge is directed to prevail upon the Station House Officer concerned, to produce the Investigation Officer in this case promptly to complete the recording of evidence. The learned Sessions Judge shall stick to the ruling of the Hon'ble Supreme Court in Vinoth Kumar vs. State of Punjab regarding cross examination of witnesses by the learned Counsel appearing on behalf of the accused on the same day. The learned Sessions Judge shall stick to day-today proceedings without granting adjournments on the whims and fancies of the appearing Counsels.

5. Since all the witnesses have been examined except the Investigation Officer and the accused is in remand, the learned Sessions Judge, Fast Track Mahila Court, Dindigul is directed to complete the trial proceedings and dispose of the case in S.C.No.12 of 2020 within a period of two months from the date of receipt of a copy of this order. "

Sd/- Assistant Registrar () // True Copy // /12/2022 Sub Assistant Registrar(CS) Ta TO

1. The Sessions Judge, Fast Track Mahila Court, Dindigul, Copy to:

The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai 2/3

ORDER DATED : 16/11/2022 ==========================

ORDER

========================== Giving direction and etc.

as stated within.

AMS(01.12.2022) 3P 3C 3/3