Manas Behera vs State Rep. By on 14 November, 2018

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Madras High Court

Manas Behera vs State Rep. By on 14 November, 2018

Bench: N.Anand Venkatesh

                                                          1

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                              DATED : 14.11.2018

                                                     CORAM

                           THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH

                                           CRL.O.P.No.26392 of 2018

                      Manas Behera                                   ...Petitioner

                                                         Versus

                      State Rep. by
                      Inspector of Police,
                      J9 Thuriaipakkam Police Station,
                      Chennai.
                      Crime No.300 of 2018                           ...Respondent


                      PRAYER: Criminal Original Petition filed under Section 482 of the Code

                      of Criminal Procedure, to extend further period of six months to

                      complete the trial in S.C.No.90 of 2018 on the file of the learned

                      Additional District and Sessions Judge, Chennai.



                                  For Petitioner     : Mr.Samanta and Ston


                                  For Respondent    : Mr.M.Mohamed Riyaz
                                                       Additional Public Prosecutor




http://www.judis.nic.in
                                                          2


                                                     ORDER

This Court while considering the bail petition filed by the petitioner, dismissed the bail petition by an order dated 09.10.2018 and directed the Court below to complete the trial within a period of four weeks from the date of receipt of a copy of this order.

2. The learned counsel for the petitioner would submit that the petitioner is from Orissa and he has not acquainted with the legal language. Therefore, he is not able to understand the charges against him and also statements that have been given by the witnesses before the police. Therefore, it will take some time for the petitioner to make himself ready to face the trial. Therefore, the learned counsel for the petitioner would submit that a further period of six months is required, in order to effectively go ahead with the trial and complete the same.

3. Admittedly, in this case the petitioner is inside the jail as pre-trial prisoner. This Court took that into consideration while fixing the time limit. Due to the reasons stated in the petition, it will not be possible for the Court below to complete the trial within a period of four weeks. In this case in even the charges have been http://www.judis.nic.in 3 framed till date.

4.In the facts and circumstances of the case, the Court below is directed to complete the proceedings within a period of six months from the date of receipt of a copy of this order.

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

14.11.2018 Speaking/Non Speaking order Index : Yes/No Internet: Yes/No vv2 To

1.The Inspector of Police, J9 Thuriaipakkam Police Station, Chennai.

2.The Public Prosecutor, High Court, Madras.

http://www.judis.nic.in 4 N.ANAND VENKATESH.J., vv2 CRL.O.P.No.26392 of 2018 14.11.2018 http://www.judis.nic.in

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