Vinesh Kumar @ Vignesh Kumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.12.2022

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR Vinesh Kumar @ Vignesh Kumar ... Petitioner Vs.

State represented by The Inspector of Police, Keeraithurai Police Station, Madurai City.

(Crime No.1202 of 2020) ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the learned Principal Special Court for EC and NDPS Act Cases, Madurai to complete the case in C.C.No. 333 of 2021 within a stipulated time as fixed by this Court. For Petitioner : Mr.M.Jegadeesh Pandian For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor 1/6

ORDER

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders to direct the learned Principal Special Court for EC and NDPS Act Cases, Madurai to complete the case in C.C.No. 333 of 2021 within a 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 respondent.

3. It is evident from the records that the respondent police has registered a case in Crime No.1202 of 2020 on 30.11.2020 and after completing the investigation, final report has been filed before the concerned jurisdictional Court on 23.12.2020 and the same was taken on file in C.C.No.333 of 2021 on the file of the Principal Special Court for EC and NDPS Act Cases, Madurai.

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4. The learned counsel appearing for the petitioner would submit that the case is pending for a period of one year without any progress.

5. The main contention of the petitioner is that FIR was registered in the year 2020 and charge sheet has also been filed in the year 2020 itself and that the case is pending from 2021 without any progress. 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.

16.12.2022 Index :

Yes / No Internet :

Yes / No csm To 1.The Principal Special Court for EC and NDPS Act Cases, Madurai.

2.The Inspector of Police, Keeraithurai Police Station, Madurai City.

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: 16.12.2022 6/6