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Madras High CourtCRL OP(MD)/23070/2025allowed

Sinthamathar v. The State Of Tamilnadu

2025-12-16Honourable Mrs Justice L.Victoria Gowri4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.12.2025

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Crl.O.P.(MD).No.23070 of 2025 Sinthamathar ... Petitioner / Accused Vs.

1.The State of Tamil Nadu, Rep. by the Inspector of Police, Vadaseri Police Station, Kanyakumari District.

(Crime No.294 of 2017) ... 1st Respondent 2.Aniter Allwin ... 2nd Respondent / De-facto complainant Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, seeking a direction to the learned Judicial Magistrate No.II, Nagercoil, to complete the trial expeditiously in C.C.No.24 of 2018 within the time limit that may be stipulated by this Court. For Petitioner : Mr.A.S.Vaigunth, Advocate For R1 : Mr.M.Sakthi Kumar, Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed seeking a direction to the learned Judicial Magistrate No.II, Nagercoil, to 1/4

complete the trial expeditiously in C.C.No. 24 of 2018 within the time to be fixed by this Court.

2. It is the case of the petitioner that one Aniter Allwin, an Advocate practising at the District Court, Kanyakumari, lodged a complaint before the respondent police stating that he has an office at the Aniter Allwin Complex, Kanyakumari, and that he was facing a threat to his life from his own sister. On 26.05.2017, at about 07.58 a.m., two unknown persons allegedly came to the building, monitored the premises, and took photographs/videos around the car parking area, which was noticed by Aniter Allwin through CCTV footage.

3. Based on the said complaint, an FIR came to be registered in Crime No.294 of 2017, implicating the petitioner and two others as accused for the offences under Sections 109, 448, and 506(ii) of the Indian Penal Code. Thereafter, an investigation was conducted by the respondent police and a final report was filed before the learned Judicial Magistrate No.II, Nagercoil, which was taken on file as C.C.No.24 of 2018. It was further submitted that though the case 2/4

was taken on file on 21.03.2018, the respondent police is dragging the trial proceedings without any valid reasons. Hence, the present petition.

4. Heard the learned counsel appearing on either side and carefully perused the materials available on record.

5. Considering the facts and circumstances of the case, the learned Judicial Magistrate No.II, Nagercoil, is directed to dispose of the case in C.C.No.24 of 2018 as expeditiously as possible, preferably within a period of six (6) months from the date of receipt of a copy of this order.

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

16.12.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No mkn 3/4

L.VICTORIA GOWRI, J.

mkn To The Judicial Magistrate Court No.II, Nagercoil.

CRL OP(MD)No.23070 of 2025 16.12.2025 4/4