Ramalingam v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.08.2025 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI Ramalingam ... Petitioner Vs.

1.The Superintendent of Police, Superintendent Police Office, Thoothukudi District.

2.The Deputy Superintendent of Police, Deputy Superintendent of Police Office, Thiruchendur Thaluk, Thoothukudi District.

3.The Inspector of Police, Authoor Police Station, Thoothukudi.

(Crime No.237 of 2024) ... Respondents Prayer : Criminal Original Petition filed under Section 528 BNSS, to direct the learned Additional District and Sessions Judge No.I, Thoothukudi to complete the trial in SC.No.144 of 2025, which is posted on 01.08.2025 for further proceedings, within the time stipulated by this Court.

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For Petitioner : Mr.J.Josheph Zionoson For Respondents : Mr.P.Kottaichamy, Government Advocate(Crl.side)

ORDER

The petitioner, who is the defacto complainant in SC.No.144 of 2025 on the file of the learned Additional District and Sessions Judge No.I, Thoothukudi, has filed this petition seeking a direction to the trial Court to complete the above said proceedings, within a time frame.

2.The learned counsel appearing for the petitioner submits that the petitioner is the brother of the deceased in Cr.No.237 of 2024 on the file of the third respondent. His brother was brutally murdered by the accused in Cr.No.237 of 2024. Investigation has bene conducted and final report has also been filed. Therefore, the petitioner is facing threat from the accused. According to him, the accused in this case are notorious criminal having several cases pending against them. Therefore, the petitioner prays to 2/6

issue a direction to the trial Court to complete the trial as expeditiously as possible.

3.The learned Government Advocate(Crl.side) appearing for the respondents submits that investigation in Cr.No.237 of 2024 has been completed without any delay and final report has also been filed on 17.02.2025. Further, he confirms that the accused in this case are history sheeted rowdies. Considering the fact that the accused in this case are history sheeted rowdies, bail application filed by them has been rejected and they were detained under the Goondas Act. As on date, both accused are confined in Central Prison, Palayamkottai.

4.This Court has considered the submissions made on either side and perused the available records.

5.The petitioner/defacto complainant has filed this petition seeking a direction to the trial Court to complete the trial in S.C.No.144 of 2025, within a stipulated time. The trial Court is 3/6

expected to take up the case only on chronological basis. The Courts are answerable for the cases, which are pending for several years.

6.Admittedly, the accused in this case are notorious criminal having several cases to their credit. Though the learned Government Advocate(Crl.side) submits that the accused are in jai, the petitioner has made allegation that there is a life threat to him at the hands of the accused. Therefore, the petitioner is at liberty to file necessary application under witness protection scheme. The trial shall decide the application by considering the relevant factors and pass suitable orders for providing protection under the witness protection scheme. The trial Court shall also complete the trial in S.C.No.144 of 2025, as expeditiously as possible. Accordingly, this criminal original petition is disposed of.

04.08.2025 Index : Yes/No Internet:Yes gns 4/6

To 1.The Additional District and Sessions Judge No.I, Thoothukudi.

2.The Superintendent of Police, Superintendent Police Office, Thoothukudi District.

3.The Deputy Superintendent of Police, Deputy Superintendent of Police Office, Thiruchendur Thaluk, Thoothukudi District.

4.The Inspector of Police, Authoor Police Station, Thoothukudi.

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

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B.PUGALENDHI,J gns 04.08.2025 6/6