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[Cites 9, Cited by 0]

Madras High Court

Jayamani vs State Represented By on 13 September, 2023

Author: D.Nagarjun

Bench: D.Nagarjun

                                                                             Crl.O.P.(MD) No.15962 of 2023

                             BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   DATED: 13.09.2023

                                                       CORAM:

                                   THE HONOURABLE DR.JUSTICE D.NAGARJUN

                                            Crl.O.P.(MD)No.15962 of 2023

                 Jayamani                                                  ... Petitioner
                                                        Vs.


                 State represented by
                 the Inspector of Police,
                 Keeranur Police Station,
                 Pudukkottai District.                                    ..Respondent


                 PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to
                 direct the Principal District and Sessions Judge, Pudukottai, to dispose of the
                 above S.C.No.25 of 2020 on his file as expeditiously as possible and within the
                 time stipulated by this Court.


                                  For Petitioner   :Ms.A.Banumathy
                                  For Respondent   :Mr.B.Thanga Aravindh
                                                   Government Advocate (crl.side)




                 1/5

https://www.mhc.tn.gov.in/judis
                                                                             Crl.O.P.(MD) No.15962 of 2023



                                                        ORDER

This Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure seeking for a direction to the learned Principal District and Sessions Judge, Pudukottai, to dispose of the above S.C.No.25 of 2020.

2.It is submitted by the learned counsel for the petitioner that on a complaint given by the petitioner/defacto complainant, originally a case has been registered against the accused for the offences punishable under Sections 147, 148, 324, 326, 323 and 506(ii) IPC and after completion of investigation, charge sheet is also filed in CC.No.118 of 2005 before the learned Judicial Magistrate, Keeranur and after framing of the charges, the learned Judicial Magistrate has examined almost all the witnesses and at that stage, the petitioner has filed a direction petition to include the offence under 307 IPC as well and accordingly, directions were given and the offence under Section 307 IPC was subsequently added and accordingly, on account of inclusion of Section 307 IPC, the learned Magistrate has committed the case to the Principal District Judge, Pudukkottai by way of proceedings dated 28.02.2020 and the learned Sessions Judge has taken the case on file and after framing of the charges, summons stated to have been 2/5 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.15962 of 2023 issued for examination of the witnesses. It is submitted further that the case pertains to an incident, which took place in the year 2004 and therefore, sought for suitable directions to expedite the disposal of S.C.No.25 of 2020 on the file of the learned Principal District and Sessions judge, Pudukkottai.

3.The learned Government Advocate (Crl.side) submits that the police are prepared to produce the witnesses as directed by the trial Court and the case is posted to 18.09.2023 for recording of evidence of P.W1 to P.W3.

4.Considering the submissions made by the learned counsel on either side and the fact that the offences allegedly took place in the year 2004 and since it has taken different dimensions, the learned Principal District and Sessions Judge, Pudukottai, is directed to expedite the trial in S.C.No.25 of 2023 and dispose of the same as quickly as possible, not later than five months from the date of receipt of a copy of this order.

3/5 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.15962 of 2023

5.With the above directions, this Petition is disposed of.

                 Speaking               : Yes / No                                      13.09.2023
                 NCC                    : Yes / No
                 Internet               : Yes / No
                 Index                  : Yes / No

                 mm

                 To

1.The Principal District and Sessions Judge, Pudukottai.

2.The Inspector of Police, Keeranur Police Station, Pudukkottai District.

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

4/5 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.15962 of 2023 DR.D.NAGARJUN. J.

mm Crl.O.P.(MD)No.15962 of 2023 13.09.2023 5/5 https://www.mhc.tn.gov.in/judis