Madras High CourtCRL OP(MD)/20091/2024disposed of

Johnson v. The State Of Tamil Nadu

2024-11-20Honourable Mr Justice M. Nirmal Kumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.11.2024

CORAM

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Johnson .. Petitioner Vs.

The Inspector of Police Kalakad Police Station Tirunelveli District .. Respondent PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the Principal District and Sessions Court, Tirunelveli District to proceed with the case in S.C.No.475 of 2024 as expeditiously within a stipulated time fixed by this Court For Petitioner : Mr.M. Maharaja For Respondent : Mr.A.Thiruvadi Kumar Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the Principal District and Sessions Court, Tirunelveli District to proceed with the case in S.C.No.475 of 2024 as expeditiously within a stipulated time fixed by this Court.

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2. The contention of the petitioner is that there are totally four accused in this case. The accused persons had committed murder of one Albert Jeyakumar, friend of petitioner. In this case the accused are dragging the trial and the respondent police is not co-operating for the trial.

3. The learned Additional Public Prosecutor submitted that in this case the occurrence had taken place on 15.03.2024, investigation completed and charge sheet filed on 26.05.2024 and there is no delay on the part of the investigation. In this case there are totally 49 listed witnesses and including expert with regard to electronic evidence. As regards the prosecution they are not the cause for the delay. The sessions case is of the year 2024 and the case stands posted to 23.01.2025 for opening of prosecution. The prosecution would not be the reason for any delay. Depending upon the pendency of the work as and when the witnesses are brought they would be examined.

4. This Court without knowing the workload and pendency of trial Court cannot give general direction to expedite the trial. In view of the 2/4

same, this Court directs the trial Court to complete the trial proceedings without delay after framing of charges preferably within a period of six months from the date of receipt of a copy of this order.

5. With the above direction, the Criminal Original Petition is disposed of.

20.11.2024 NCC : Yes/No Index : Yes / No Internet : Yes / No aav To 1.The Principal District and Sessions Court, Tirunelveli District

2. The Inspector of Police Kalakad Police Station Tirunelveli District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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M.NIRMAL KUMAR,J.

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