Alexander v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.09.2024

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR 1.Alexander 2.Sathiya Bama ... Petitioners/A1 & A2 Vs.

1.The Inspector of Police, Sendhamaram Police Station, Tenkasi District.

Crime No.20 of 2023.

2.Kala ... Respondents PRAYER : Criminal Original Petition filed under Section 528 of B.N.S.S., to direct the learned Judicial Magistrate, Tenkasi, to expedite the trial proceedings in S.T.C.No.829 of 2023 and pronounce the verdict within a time frame as fixed by this Court.

For Petitioner : Mr.T.Indrachithu For Respondents : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor.

for R1.

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ORDER

This Criminal Original Petition has been filed, invoking Section 528 of B.N.S.S., seeking orders, to direct the learned Judicial Magistrate, Tenkasi, to expedite the trial proceedings in S.T.C.No.829 of 2023 and pronounce the verdict within a time frame as fixed by this Court.

2. Since the petition is filed for early disposal of the case, issuance of notice to the respondent is not necessary.

3. The learned counsel appearing for the petitioners would submit that the second respondent has lodged a complaint before the first respondent and on that basis, FIR came to be registered in Crime No.20 of 2023 and after investigation and filing of the final report, the same was taken cognizance in S.T.C.No.829 of 2023 on the file of the Judicial Magistrate Court, Tenkasi, for the offences under Sections 294(b) and 323 IPC against the petitioners.

4.The learned counsel for petitioners would submit that the second petitioner is a graduate women and preparing for competitive exams and due to pendency of the case, she could not attend the exam and hence, filed the present petition.

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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 petitioners are 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.

24.09.2024 NCC : Yes/No Index : Yes / No Internet : Yes / No das 3/4

K.MURALI SHANKAR,J.

das To

1. The Judicial Magistrate, Tenkasi.

2.The Inspector of Police, Sendhamaram Police Station, Tenkasi District.

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

Order made in Dated: 24.09.2024 4/4