Madras High CourtCRL OP(MD)/17996/2025disposed of

Suresh Kumar @ Suresh v. The State Of Tamilnadu

2025-10-23Honourable Mr Justice Sunder Mohan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 23.10.2025

CORAM

THE HONOURABLE MR. JUSTICE SUNDER MOHAN CRL OP(MD). No.17996 of 2025 1.Suresh Kumar @ Suresh 2.Bose ... Petitioners Vs The Inspector of Police, Sivagangai Taluk Police Station, Sivagangai District.

(Crime No.93 of 2015) ... Respondent PRAYER :- Criminal Original Petition is filed under Section 528 of BNSS, to direct the Additional District and Sessions Court, Sivagangai to dispose of the case in S.C.No.25 of 2019 within the time fixed by this Court.

For Petitioners : Mr.K.Muthurakkan For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor

ORDER

The petitioners seek a direction to the learned Additional District and Sessions Judge, Sivagangai, to dispose of the case in S.C.No.25 of 2019 within the stipulated time.

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2.It is the case of the petitioners that the case is pending trial since 2019 and the petitioners are denied the right to speedy trial and hence, their right under Article 21 of the Constitution of India is violated.

3.The learned Additional Public Prosecutor appearing for the respondent police would submit that the trial has not commenced since the second accused is absconding and NBW is pending against him since 30.12.2024.

4.The learned Additional District and Sessions Judge, Sivagangai may ensure the execution of warrant against the second accused at the earliest. If the second accused is unable to be secured within a reasonable time, the learned Sessions Judge may split up the case against the petitioners and conclude the trial against them as expeditiously as possible, especially since the second petitioner is aged about 78 years. 5.With the above observation, this Criminal Original Petition is closed.

23.10.2025 Index :Yes/No Internet :Yes/No 2/4

NCC :Yes/No cp To 1.The Additional District and Sessions Court, Sivagangai 2.The Inspector of Police, Sivagangai Taluk Police Station, Sivagangai District.

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

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SUNDER MOHAN,J CP ORDER IN CRL OP(MD) No.17996 of 2025 Date : 23.10.2025 4/4