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Madras High CourtCRL OP(MD)/14981/2024disposed of

Pitchai v. The State Of Tamil Nadu

2024-09-06Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.09.2024

CORAM

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

The State, rep by The Inspector of Police, Uthappanayakkanur Police Station, Madurai District.

(Crime No.8 of 2022) ... Respondent PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the learned District and Sessions Court Mahila Neethimandram, Madurai to expedite the trial in S.C.No.285 of 2023 within a time frame as may be fixed by this Court.

For Petitioner : Mr.M.Karunanithi For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor

ORDER

The Criminal Original Petition has been filed, invoking Section 528 B.N.S.S., seeking orders to direct the District and Sessions Court 1/4

Mahila Neethimandram, Madurai to expedite the case in S.C.No.285 of 2023 and dispose of the same as expeditiously as possible within a time that may be stipulated by this Court.

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 given by one Thangamayan, FIR came to be registered in Crime No.8 of 2022 and that the respondent, after completing the investigation, has laid the final report before the learned Judicial Magistrate No.II, Usilampatty against three persons including the petitioner and after committal, the case was taken on file in S.C.No.285 of 2023 and is pending on the file of the District and Sessions Court Mahila Neethimandram, Madurai.

4. The learned counsel appearing for the petitioner would submit that the case is still pending in summons stage.

5. The main contention of the petitioner is that he is a Senior Citizen and that therefore, this case has to be expedited. But the fact 2/4

remains that, the charge sheet has been filed in the year 2022. 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 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 District and Sessions Court Mahila Neethimandram, Madurai is directed to consider the request of the petitioner, on the ground of Senior Citizenship, for early trial.

7. With the above observation and direction, this Criminal Original Petition stands disposed of.

06.09.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No csm 3/4

K.MURALI SHANKAR,J.

csm To 1.The District and Sessions Court Mahila Neethimandram, Madurai.

2.The Inspector of Police, Uthappanayakkanur Police Station, Madurai District.

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

Order made in Dated: 06.09.2024 4/4