P.Harish Rajan v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.09.2024

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR P.Harish Rajan ... Petitioner Vs.

The State of Tamilnadu rep by The Inspector of Police, Singampunari Police Station, Sivagangai District.

... Respondent PRAYER : Criminal Original Petition filed under Section 528 B.N.S.S., to issue direction to dispose of C.C.No.73 of 2022 on the file of the learned District Munsif cum Judicial Magistrate, Singampunari, Sivagangai District as expeditiously as possible within the period that may be stipulated by this Court.

For Petitioner : M/s.P.Swathi For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor 1/6

ORDER

This Criminal Original Petition has been filed, invoking Section 528 B.N.S.S., seeking orders to direct the learned District Munsif cum Judicial Magistrate, Singampunari, Sivagangai District to expedite the case in C.C.No.73 of 2022 and dispose of the same as expeditiously as possible within a time that may be stipulated 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 one Karunanithi, FIR came to be registered in Crime No.99 of 2020 and that the respondent, after completing the investigation, has laid the final report before the learned Judicial Magistrate, Singampunari against four persons including the petitioner and the same was taken on file in C.C.No.73 of 2022.

4. The learned counsel appearing for the petitioner would submit that the case is pending for trial for the period of two years and that due 2/6

to the pendency of the criminal case, the petitioner did not get a passport from the passport authority for his job purpose.

5. The main contention of the petitioner is that FIR was registered in the year 2020 and charge sheet was filed in the year 2021. But the fact remains that, the case was taken only in the year 2022. 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. 3/6

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

23.09.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No csm To 1.The District Munsif cum Judicial Magistrate, Singampunari, Sivagangai District.

2.The Inspector of Police, Singampunari Police Station, Sivagangai District.

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

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K.MURALI SHANKAR,J.

csm Order made in Dated: 23.09.2024 6/6