M.Kannan v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.09.2024

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR M.Kannan ... Petitioner Vs.

State of Tamil Nadu The Inspector of Police, District Crime Branch, Theni District.

Crime No.9 of 2020.

... Respondent PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the learned Judicial Magistrate, Theni to dispose of the pending trial in C.C.No.57 of 2022 in Crime no.9 of 2020 on the file of the respondent Police under Sections 120B, 420, 468 and 471 of IPC. For Petitioner : Mr.S.Louis 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 the learned Judicial Magistrate, 1/4

Theni to dispose of the pending trial in C.C.No.57 of 2022 in Crime no.9 of 2020 on the file of the respondent Police under Sections 120B, 420, 468 and 471 of IPC.

2. Heard the learned counsel appearing for the petitioner 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.9 of 2020 and that the respondent, after completing the investigation, has laid the final report before the learned Judicial Magistrate, Theni and the same was taken on file in C.C.No.57 of 2022.

4.The learned counsel for the petitioner would submit that the case is pending trial without any progress.

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 children etc., The petitioner without approaching the trial Court has 2/4

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.

02.09.2024 NCC : Yes/No Index : Yes / No Internet : Yes / No das K.MURALI SHANKAR,J.

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das To 1.The Judicial Magistrate, Theni.

2.The Inspector of Police, District Crime Branch, Theni District.

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

Order made in Dated: 02.09.2024 4/4