R.Manikandan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.08.2023
CORAM:
THE HONOURABLE DR.JUSTICE D.NAGARJUN R.Manikandan ... Petitioner Vs.
State represented by the Inspector of Police, C3, S.S.Colony Police Station, Madurai City, Madurai District.
..Respondent PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, directing the learned Additional District Judge-V, Madurai District to expedite and conclude the trial in S.C.No.28 of 2023 pending before the learned Additional District Judge-V, Madurai District in Cr.No.485 of 2016 on the file of the Respondent within a period of two months.
For Petitioner :Mr.R.Anand for Mr.J.Pandi Dorai For Respondent :Mr.S.S.Madhavan Government Advocate (crl.side) 1/5
O RDER This Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure seeking for a direction to the learned Additional District Judge-V, Madurai District, to expedite and conclude the trial in S.C.No.28 of 2023.
2.According to the learned counsel for the petitioner/the defacto complainant, on a complaint given by the petitioner, who has been running a Restaurant, a case has been registered against the accused persons in Crime No. 485 of 2016 dated 23.04.2016 for the offences punishable under Sections 109, 294(b), 307, 337, 448, 506(ii) r/w Section 34 IPC and 3 of TNPPDL Act and after completing the investigation, charge sheet has been filed and the same was taken on file as PRC.No.358 of 2019 and the case was also committed to the Sessions Court and numbered as S.C.No.28 of 2023 by the learned Additional District Judge, V Court.
3.It is submitted further that even during the course of committal also, as there was an inordinate delay, the petitioner has approached this Court and filed 2/5
Crl.O.P.(MD) No.7476 of 2016, which was disposed of on 03.01.2020 with a direction to the learned Magistrate to commit the case within two months. Accordingly, the case was committed to the Sessions Court and renumbered as S.C.No.28 of 2023.
4.As per the procedure of this case, the accused appeared before the trial Court on 19.01.2023 and subsequently for about 5 adjournments, the matter was under the caption further proceedings. It appears that the charges also are not framed so far.
5.Considering the submissions made by the learned counsel for the petitioner and taking into considering that the offence took place 23.04.2016, the trial Court is directed to take all possible steps to expedite the trial in S.C.No.28 of 2023 and dispose of the same as quickly as possible, not later than six months from the date of receipt of a copy of this order. The learned Government Advocate (Crl.side) has assured this Court that the respondent police would produce the witnesses as per the schedule given by the trial Court. 3/5
6.With the above direction, this Petition is disposed of. Speaking : Yes / No 29.08.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No mm To 1.The Inspector of Police, C3, S.S.Colony Police Station, Madurai City, Madurai District.
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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DR.D.NAGARJUN. J.
mm Crl.O.P.(MD)No.15128 of 2023 29.08.2023 5/5