Aravindraj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.10.2022

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP CRL.O.P(MD)No.16976 of 2022 Aravindraj

...Petitioner

vs State represented by The Inspector of Police, Thirukokarnam Police Station, Pudukottai District.

(in Cr.No.139 of 2017)

...Respondent

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned Judicial Magistrate No.II, Pudukottai, in C.C.No.606 of 2018 to dispose of the case within a stipulated time by this Court.

For Petitioner : Mr.M.Ramu For Respondent : Mr.B.Nambi Selvan Additional Public Prosecutor 1/4

O R D E R

The learned Counsel for the Petitioner seeks speedy trial in C.C.No.606 of 2018.

2.The learned Additional Public Prosecutor submitted that already five witnesses had been examined.

3.Considering the facts and circumstances of the case, the learned Judicial Magistrate-II, Pudukottai, is directed to proceed with the trial on a day to-day basis as per the provisions of Cr.P.C. 4.Regarding trial in warrant cases, when the Assistant Public Prosecutor attended the Court, the independent witnesses in a particular case may be examined on the same day, instead of summoning the witnesses one by one. It is a usual procedure in warrant cases that independent witness has to be summoned in a particular day or on consequently two days and the officials witnesses on the third or fourth day. Within a week, the trial can be concluded. Also, as per the reported ruling of the Honourable Supreme Court in the case of Vinoth Kumar vs State of Punjab, reported in (2015) 1 MLJ (Crl.) 288 (SC),, the learned Judicial Magistrate-II, Pudukottai, 2/4

is directed not to grant unnecessary adjournments of the whims and fancies of the accused and to conclude the trial within a specified time either in 10 days or in a week thereby, the case is disposed of within the same month.

5.The learned Judicial Magistrate-II, Pudukottai, is directed to dispose of the case within a reasonable period of one month from the date of receipt of a copy of this order and report compliance. 6.With the above directions, this Criminal Original Petition is allowed.

17.10.2022 Index:Yes/No Note: Issue order copy by 19.10.2022 cmr To 1.The Judicial Magistrate No.II, Pudukottai.

2.The Inspector of Police, Thirukokarnam Police Station, Pudukottai District.

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SATHI KUMAR SUKUMARA KURUP , J.

cmr CRL.O.P(MD)No.16976 of 2022 17.10.2022 4/4