N.Annalakshmi v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.09.2024

CORAM

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

1.The State of Tamil Nadu through The Sub Inspector of Police, Karaikudi Police Station, Sivagangai District.

2.R.Natarajan 3.AL.Ramasamy Chettiar 4.Subathra ... Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the learned Judicial Magistrate, Karaikudi, to conclude the trial in C.C.No.1565 of 2022 on its file and complete the same within stipulated time as fixed by this Court.

For Petitioner : Mr.K.Ragatheesh Kumar, M/s.Isaac Chambers.

For Respondent : Mr.E.Antony Sahaya Prabhar, Additional Public Prosecutor, for R1.

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ORDER

This Criminal Original Petition has been filed, invoking Section 528 of BNSS., seeking orders, to direct the learned Judicial Magistrate, Karaikudi, to conclude the trial in C.C.No.1565 of 2022 on its file and complete the same within stipulated time as fixed by this Court.

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

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.20 of 2020 and that the respondent, after completing the investigation, has laid the final report before the learned Judicial Magistrate, Karaikudi, and the same was taken on file in C.C.No.1565 of 2022.

4. The main contention of the petitioner is that though the case is pending for the past more than four years, the case is being adjourned again and again and that therefore, the petitioner is constrained to file the present application seeking early disposal.

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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.

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

26.09.2024 NCC : Yes/No Index : Yes / No Internet : Yes / No das 3/4

K.MURALI SHANKAR,J.

das To 1.The Judicial Magistrate, Karaikudi.

2.The Sub Inspector of Police, Karaikudi Police Station, Sivagangai District.

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

Order made in Dated: 26.09.2024 4/4