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Madras High CourtCRL OP(MD)/21327/2024disposed of

Mohammed Umarul Jameem v. The State Rep.By Its

2024-12-05Honourable Mr Justice M. Nirmal Kumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.12.2024

CORAM

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Mohammed Uamrul Jameem .. Petitioner/A1 Vs.

1.The State Represented by its The Inspector of Police, Kenikkarai Police Station, Ramanathapuram District.

Crime No.94 of 2021 ... 1st Respondent/Complainant 2.Prabhu ... 2nd Respondent/Defacto Complainant PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the learned Additional Special Court for EC and NDPS Act Cases, Pudukottai, Pudukottai District to complete the trial in C.C.No.155 of 2023 within the time frame as fixed by this Court. For Petitioner : Mr.K.Yasar Arafath For Respondent : Mr.P.Kottaichamy No.1 Government Advocate (Crl. side) 1/4

ORDER

This Criminal Original Petition has been filed to direct the learned Additional Special Court for EC and NDPS Act Cases, Pudukottai, Pudukottai District to complete the trial in C.C.No.155 of 2023 within the time frame as fixed by this Court.

2.The contention of the petitioner is that the petitioner has been falsely implicated in this case and citing this case, the petitioner has been unnecessarily harassed and called for enquiry. 3.The learned counsel for the petitioner submits that the petitioner is ready to co-operate with the trial and complete the proceedings. He further submits that the respondent police are for some reason or other delaying the proceedings.

4.The learned Government Advocate (Crl. side) submits that the petitioner has involved in NDPS Act case and now the respondent police after investigation, filed a charge sheet, listing six witnesses and the case is posted for cross examination of L.W.1 and L.W.2 on 06.12.2024. The remaining witnesses are yet to be cross examined. He further submits that 2/4

the petitioner is not seeking any adjournment for cross examining the witnesses as and when they appeared and to co-operate with the trial. He further submits that the trial is pending before the NDPS Court, Thoothukudi, wherein there are several cases pending. It is for the trial to give a short adjournment on the dates given, the respondent police will produce the witnesses without delay.

5.Considering the submissions made by the learned counsel on either side, this Court directs the learned Additional Special Court for EC and NDPS Act Cases, Pudukottai, Pudukottai District to permit the petitioner to cross examine the witnesses and thereafter, conclude the trial in C.C.No.155 of 2023 within a period of four months from the date of receipt of a copy of this order.

6.With the above directions, this Criminal Original Petition is disposed of.

05.12.2024 NCC : Yes/No Index : Yes / No Internet : Yes / No sji 3/4

M.NIRMAL KUMAR,J.

sji To 1.The Additional Special Court for EC and NDPS Act Cases, Pudukottai, Pudukottai District.

2.The Inspector of Police, Kenikkarai Police Station, Ramanathapuram District.

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

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