Jeyamari v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.09.2024

CORAM

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

1.The Commissioner of Police, Madurai City.

2.The Inspector of Police, Keerathurai Police Station, Madurai City.

Crime No.349 of 2017.

3.Karuppanan ... Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the learned V Additional District and Sessions Judge, Madurai to complete the trial of the case in S.C.No.77 of 2022 in Crime No.349 of 2017, dated 10.05.2017 on the file of the second respondent police within a specific period as fixed by this Court.

For Petitioner : Mr.J.Vijayaraja For Respondents : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor.

for R1 and R2.

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ORDER

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders, to direct the learned V Additional District and Sessions Judge, Madurai to complete the trial of the case in S.C.No.77 of 2022 in Crime No.349 of 2017, dated 10.05.2017 on the file of the second respondent police within a specific period as fixed by this Court.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

3. It is evident from the records that on the basis of the complaint lodged by the complainant, FIR came to be registered in Crime No.349 of 2017 and that the respondent police, after completing the investigation, has laid the final report before the learned V Additional District and Sessions Judge, Madurai on 04.08.2017 and the same was taken on file in S.C.No.77 of 2022.

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4. The learned counsel appearing for the petitioner would submit that the case is pending 2022 without any progress and hence, he was constrained to file the present petition.

5. 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 petitioner is at liberty to approach the trial Court and if such requisition for early disposal of the case is made, the learned trial Judge is directed to consider the same, in the light of the circulars issued by this Court.

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

10.09.2024 NCC : Yes/No Index : Yes / No Internet : Yes / No das To 1.The V Additional District and Sessions Judge, Madurai.

2.The Commissioner of Police, Madurai City.

3.The Inspector of Police, Keerathurai Police Station, Madurai City.

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

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K.MURALI SHANKAR,J.

das Order made in Dated: 10.09.2024 5/5