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Madras High CourtCRL OP(MD)/21761/2024disposed of

M.Murugan v. The State Of Tamilnadu

2024-12-11Honourable Mr Justice M. Nirmal Kumar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.12.2024

CORAM

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

The State of Tamil Nadu, rep., by its Inspector of Police, Thatchanallur Police Station, Tirunelveli District.

Crime No.189 of 2018 .. Respondent PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the III Additional District Judge, Tirunelveli, to conduct speedy trial in SC.No.143 of 2021 within a stipulated time as fixed by this Court. For Petitioner : Mr.A.Aruljenifer For R1 & R2 : Mr.A.Thiruvadikumar Additional Public Prosecutor

ORDER

The petitioner/defacto complainant in Crime No.189 of 2018 had filed this petition.

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2. The contention of the petitioner is that on his complaint, case in Crime No.189 of 2018 has been registered against four persons for the offence under Sections 294(b), 302, 342 and 506(ii) of IPC. On conclusion of investigation, charge sheet was filed in SC.No.143 of 2021, which is pending trial before the III Additional District Judge, Tirunelveli. In this case, the accused have been adopting all dilatory tactics to delay trial. The petitioner and other witnesses in this case have supported the case of the prosecution and thereafter, on completion of evidence, accused were questioned on 07.06.2024 and thereafter, from 24.06.2024 to 22.07.2024, case was posted for evidence on the side of defence. Finally, on 31.07.2024 the case was posted for arguments.

The learned Public Prosecutor, who is appearing before the trial Court, is ready for arguments and the case is now posted on 16.12.2024 for arguments. The limited prayer in this petition is that to direct the trial Court to hear the arguments of the learned Public Prosecutor as well as the accused and to render judgment in this case, without further delay.

3. The learned Additional Public Prosecutor, on instructions, would submit that the case was posted on 16.12.2024 for arguments. The learned Public Prosecutor, who is appearing before the trial Court, is ready for 2/5

arguments. The trial Court can dispose of the case without any further delay.

4. Considering the submission and perused the materials available on record, it is seen that the learned Public Prosecutor, who appearing before the trial Court, is ready for arguments and the trial Court is directed not to delay further and give unnecessary adjournments. The trial Court to ensure that the arguments on the side of the prosecution are completed and after hearing the arguments, render the judgment without any further delay. The entire process to be completed within a period of thirty (30) days from 16.12.2024. This direction is necessitated considering the occurrence had taken place on 30.09.2018, charge sheet made ready on 28.12.2018 and thereafter, committal and assigned SC number in the year 2021.

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

11.12.2024 NCC : Yes/No Index : Yes / No Internet : Yes / No Rmk 3/5

To 1.III Additional District Judge, Tirunelveli. 2.The Inspector of Police, Thatchanallur Police Station, Tirunelveli District.

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

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M.NIRMAL KUMAR,J.

Rmk 11.12.2024 5/5