Anbukumaran v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.09.2024
CORAM
THE HON'BLE MR.JUSTICE K.MURALI SHANKAR Anbukumaran ... Petitioner Vs.
The Inspector of Police, Kumbakonam East Police Station, Kumbakonam East, Thanjavur District.
Crime No.1982 of 2021.
... Respondent PRAYER : Criminal Original Petition filed under Section 528 of B.N.S.S., to direct the learned Additional District Judge (FTC), Kumbakonam to expedite the trial in S.C.No.108 of 2024 within a time frame as may be fixed by this Court.
For Petitioner : Mr.G.Perumal For Respondent : Mr.E.Antony Sahaya Prabhar, Additional Public Prosecutor.
ORDER
This Criminal Original Petition has been filed, invoking Section 528 of B.N.S.S., seeking orders, to direct the learned Additional District Judge 1/4
(FTC), Kumbakonam to expedite the trial in S.C.No.108 of 2024 within a time frame as may be fixed 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 lodged by the petitioner, FIR came to be registered in Crime No.1982 of 2021 and that the respondent, after completing the investigation, has laid the final report and the case is pending before the learned Additional District Judge (FTC), Kumbakonam in S.C.No.108 of 2024
4. The main contention of the petitioner is that though the FIR has been registered in the year 2021, the case was taken on file in the year 2024 and there is no progress and that therefore, the petitioner 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 2/4
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.
7. With the above observation and direction, this Criminal Original Petition stands disposed of.
16.10.2024 NCC : Yes/No Index : Yes / No Internet : Yes / No das 3/4
K.MURALI SHANKAR,J.
das To 1.The Additional District Judge (FTC), Kumbakonam.
2.The Inspector of Police, Kumbakonam East Police Station, Kumbakonam East, Thanjavur District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Order made in Dated: 16.10.2024 4/4