Madras High CourtCRL OP(MD)/20315/2021disposed of

Abubakker Siddiq v. The Deputy Superintendent Of Police

2021-12-20Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.20315 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.12.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.20315 of 2021 and Crl.M.P.(MD)No.11531 of 2021 Abubakker Siddiq ... Petitioner/2nd Accused Vs 1.The Deputy Superintendent of Police, Kottaipattinam Sub Division, Pudukkottai District.

2.The Inspector of Police, Manmelkudi Police Station, Pudukottai District.

(Crime No.7 of 2013) ... Respondents 1 & 2 / Complainants 3.Dr.Muthu ... 3rd Respondent / Defacto complainant PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the Special Court for the exclusive trial of SC and ST (POA) Act cases, Pudukottai to expedite the trial in Spl.S.C.No.10 of 2019 within the time limit fixed by this Court. For Petitioner : Mr.K.K.Samy For R1 & R2 : Mr.Sakthi Kumar.M Government Advocate (Crl.side)

ORDER

Heard the learned counsel for the petitioner and the learned Government Advocate for the respondents 1 & 2. Considering the nature of relief to be granted, notice to the third respondent is dispensed with.

2. The case against the petitioner was registered way back in the year 2013. It was taken on file in the year 2019. The petitioner's name did not figure in the FIR originally. The petitioner is figuring as A2. Even an accused is entitled to speedy trial.

3. Therefore, the trial Judge is directed to dispose of the petition mentioned case as early as possible. I am informed that at present, the office of the presiding Judge is vacant. Therefore, taking note of all these aspects, the appearance of the petitioner before the court below is dispensed with. The petitioner will ofhttps://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.20315 of 2021 course have to appear as and when it is insisted upon by the presiding Judge. The petitioner shall be called upon to appear in person before the trial Court at the time of answering the charges and at the time of examination under Section 313 of Cr.P.C., and at the time of pronouncement of Judgment. On all other occasions, the petitioner can be represented through his counsel. This Criminal Original Petition is disposed of.

Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (AS) // True Copy // / /2022 Sub Assistant Registrar(CS) rmi Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The Special Judge for the exclusive trial of cases under SC and ST (POA) Act, Pudukottai.

2.The Deputy Superintendent of Police, Kottaipattinam Sub Division, Pudukkottai District.

3.The Inspector of Police, Manmelkudi Police Station, Pudukottai District.

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

+1 CC to M/s.K.K.SAMY, Advocate ( SR-39639[F] dated 20/12/2021 ) Crl.O.P(MD)No.20315 of 2021 20.12.2021 MA(CO) KB(07.01.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2