Madras High Court
Venkatachalam vs The State Rep By on 5 February, 2021
Crl. OP No.1837 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.02.2021
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH
Crl. OP No.1837 of 2021
1. Venkatachalam
2. Jayaraman
3. Vasantha
4. Thirumal
5. Panneer ... Petitioners/Accused No.5 to 7, 9 & 10
vs.
The State Rep by,
The Inspector of Police
Kallavi Police Station,
Krishnagiri District. ... Respondent / Complainant
PRAYER: Criminal Original Petition filed under Section 482 of the Code of
Criminal Procedure, to direct the learned Judicial Magistrate at Uthangarai
to dispose of the C.C.No.117 of 2016 within a stipulated period in
accordance with law.
For Petitioner : Mr.D.Dayalan
For Respondent : Mr.M.Mohamed Riyaz
Additional Public Prosecutor
1/4
https://www.mhc.tn.gov.in/judis/
Crl. OP No.1837 of 2021
ORDER
This petition has been filed for a direction to the Court below to
dispose of the proceedings in CC No.117 of 2016 within a time stipulated
by this Court.
2. The Final Report has been filed as against 10 accused persons. It is
seen from the case Status Report that NBW is pending as against some of
the accused persons and as a result of the same, there is no progress in the
trial. Hence five of the accused persons have approached this Court to
direct the Court below to take proceedings within a time frame.
3. Taking into consideration the facts and circumstances of the case
and also of the fact that the calendar case has been pending from the year
2016 onwards, there shall be a direction to the Court below to ensure that all
the accused persons are present during every hearing date. If any attempt
is made by any of the accused persons to delay the trial, it is open
to the trial Court to insist upon their presence and remand them
to custody as per the judgment of the Hon'ble Supreme Court in
STATE OF UTTAR PRADESH VS. SHAMBHU NATH SINGH (JT 2001
https://www.mhc.tn.gov.in/judis/
Crl. OP No.1837 of 2021
(4) SC 3191. If the Court below finds that some of the accused persons
cannot be secured in the near future, the case can be split up and the trial
can proceed as against the available accused persons. The trial shall be
conducted on a day to day basis in accordance with the guidelines given by
Hon'ble Supreme Court reported in Vinod Kumar Vs State of Punjab [2015
(1) MLJ (Crl) 288 SC].
4. The Court below is directed to complete the proceedings in CC
No.117 of 2016, within a period of six months from the date of receipt of a
copy of this order and submit a Compliance Report to this Court.
5.This Criminal Original Petition is disposed of with the above
direction.
05.02.2021
Index : Yes/No
Internet : Yes/No
Speaking Order/Non-Speaking Order
jv
https://www.mhc.tn.gov.in/judis/
Crl. OP No.1837 of 2021
N.ANAND VENKATESH, J.
jv
To
1. The Inspector of Police,
Kallavi Police Station,
Krishnagiri District.
2. The Public Prosecutor,
High Court of Madras,
Chennai 600 104.
Crl. OP No.1837 of 2021
05.02.2021
https://www.mhc.tn.gov.in/judis/
