C.Muthukumar v. The Assistant Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.03.2025

CORAM

THE HONOURABLE MR.JUSTICE P. DHANABAL C.Muthukumar ... Petitioner Vs

1. The Assistant Commissioner Of Police, O/o.The Assistant Commissioner of Police, Palayamjkottai, Tirunelveli City.

2. The State of Tamilnadu, Rep by the Inspector of Police, Palayamkottai Police Station, Tirunelveli City (Crime No.302/2024).

... Respondents PRAYER: Criminal Original petitions have been filed under Section 528 of BNSS to issue a Direction directing the II Additional District and Sessions Court (PCR), Tirunelveli to complete the trial proceedings in S.C.No.75 of 2024 in Crime No.302 of 2024 on the file of the Respondent Police Station in light of Section 14(3) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 within the time stipulated by this Court.

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For Petitioner : Mr.I.Pinaygash, For Respondents : Mr.M.Sakthi Kumar Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed seeking a direction to the II Additional District and Sessions Court (PCR), Tirunelveli to complete the trial proceedings in S.C.No.75 of 2024 in Crime No.302 of 2024 on the file of the Respondent Police 2.The learned Counsel for the petitioner would submit that the petitioner is the defacto complainant in this case and based on his complaint, the FIR in Crime No.302 of 2024 was registered for the offence under Section 302 IPC and thereafter, the first respondent conducted investigation and filed final report and the trial Court also taken cognizance in S.C.No.75 of 2024 but no trial has been commenced so far. Hence this petition.

3.The learned Government Advocate (Crl.Side) appearing for the respondent police would submit that now the case is posted for 2/5

examination of witnesses and there are more than 43 witnesses cited in this case and the respondent police will co-operate for speedy disposal by producing the witnesses without any delay as directed by the trial Court. 4.Earlier this Court called for report from the concerned Court. A report has been sent. As per the report the learned II Additional District Judge (PCR), Tirunelveli, undertakes to make every endeavour to dispose of the case at the earliest.

5.Since the case is pending from the year 2024, the learned II Additional District Judge (PCR), Tirunelveli is directed to dispose of the case in S.C.No.75 of 2024 as early as possible without granting any long adjournments beyond fifteen days.

6.With the above direction, this Criminal Original Petition is allowed.

05.03.2025 Internet :Yes Index :Yes/No NCC :Yes/No LR 3/5

To 1.The II Additional District and Sessions Court (PCR), Tirunelveli

2. The Assistant Commissioner Of Police, O/o.The Assistant Commissioner of Police, Palayamjkottai, Tirunelveli City.

3. The State of Tamilnadu, Rep by the Inspector of Police, Palayamkottai Police Station, Tirunelveli City (Crime No.302/2024).

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

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P. DHANABAL, J.

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