Madras High CourtCRL OP(MD)/15822/2023disposed of

Madasamy v. The Inspector Of Police

2023-09-12Honourable Dr. Justice D.Nagarjun4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.09.2023

CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN Crl.O.P.(MD) No.15822 of 2023 Madasamy ... Petitioner Vs.

State represented by the Inspector of Police.

Panagudi Police Station, Tirunelveli District.

(Crime No.351 of 2020)

...Respondent

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the first respondent to direct the learned I Additional District and Sessions Judge, Tirunelveli, to expedite the trial in a stipulated time in S.C.No.588 of 2021.

For Petitioner : Mr.N.Mohideen Basha For Respondent : Mr.B.Thanga Aravindh Government Advocate (Criminal Side) 1/4

O RDER This Criminal Original Petition is filed under Section 482 of Cr.P.C. seeking for expeditious trial in S.C.No.588 of 2021 pending on the file of the learned I Additional District and Sessions Judge, Tirunelveli.

2. It is submitted by learned counsel for the petitioner that the petitioner's son was brutally killed by the accused in the presence of the petitioner and on a complaint given by the petitioner, a case has been registered against the accused persons for the offence under Sections 120B, 341, 294 (b), 342, 302 and 506 (2) of I.P.C. It is submitted that after completion of investigation, charge sheet is filed in S.C.No.588 of 2021 and charges have been framed, but, the trial is being delayed.

3. Learned Government Advocate (Criminal Side) submits that basing on the directions of the learned I Additional District and Sessions Judge, the respondent Police will produce all the witnesses.

4. Considering the submissions made by both sides and on perusal of records, it is clear that S.C.No.588 of 2021 has been posted from time to time for 2/4

framing of charges from 19.03.2022 onwards and ultimately, charges were stated to have been framed on 05.09.2023 and inordinate delay has taken place in framing of the charges. It is also the matter of record that almost every date of appearance, sofaras one of the accused is absent and petitions have filed under Section 317 Cr.P.C. and they were liberally allowed.

5. Considering the circumstances, learned I Additional District and Sessions Judge, Tirunelveli, is directed to fix the trial schedule and proceed with the trial and dispose of S.C.No.588 of 2021 as quickly as possible not later than six months from the date of receipt of a copy of this order.

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

Speaking : Yes / No 12.09.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No tsg 3/4

DR.D.NAGARJUN. J.

tsg To 1.The I Additional District and Sessions Judge, Tirunelveli.

2.The the Inspector of Police.

Panagudi Police Station, Tirunelveli District.

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

Crl.O.P.(MD) No.15822 of 2023 12.09.2023 4/4