Baskaran v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.09.2022 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN Baskaran ... Petitioner/Accused No.1 Vs.

1.The Superintendent of Police, Office of the Superintendent of Police, Ramanathapuram District.

2.The Inspector of Police, Uchipuli Police Station, Ramanathapuram District.

... Respondent Nos.1 & 2/ 3.Paulraj ... Respondent No.3/ Defacto Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned Judicial Magistrate No.II, Ramanathapuram to expeditiously complete the trial in C.C.No.86 of 2014 on the file of the learned Judicial Magistrate No.II, Ramanathapuram in accordance with law within the time stipulated by this Court. For Petitioner : Mr.R.Alagumani For R1 & R2 : Mr.R.Sivakumar Government Advocate (Crl. Side) 1/4

ORDER

This petition has been filed seeking a direction to direct the learned Judicial Magistrate No.II, Ramanathapuram, to expeditiously complete the trial in C.C.No.86 of 2014.

2.The crime is of the year 2014, which was registered for the offences punishable under Sections 457 and 380 of IPC. Now, the petitioner was arrayed as accused No.1.

3.The grievance of the petitioner is that even after a lapse of 8 years, the trial process was not completed.

4.The learned Government Advocate (Crl.Side) would submit that there are 3 accused person in this case. A2 died. The first accused, who is the petitioner herein was convicted related to another case for the offence under Section 302 IPC and taken to prison on 20.10.2022. On the previous occasion, warrant was issued against the petitioner and he was produced before the concerned Court. All the witnesses have been examined and the case was posted to 11.10.2022 for production of death certificate of A2. Insofar as the other accused person is concerned, the matter is pending. 2/4

5.Since the matter reached finality, there shall be a direction to the learned Judicial Magistrate No.II, Ramanathapuram, and complete the trial process within a month from the date of receipt of a copy of this order. In the mean time, the respondent must produce the petitioner and the other accused person before the concerned Court.

6.With the above direction, this Criminal Original Petition is disposed of.

30.09.2022 Index : Yes/No Internet:Yes/No dss To

1. The Judicial Magistrate No.II, Ramanathapuram.

2.The Superintendent of Police, Office of the Superintendent of Police, Ramanathapuram District.

3.The Inspector of Police, Uchipuli Police Station, Ramanathapuram District.

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

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G.ILANGOVAN, J., dss 30.09.2022 4/4