Madras High Court
C.K.Basheer vs The State on 24 February, 2021
Crl. OP No.3601 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.02.2021
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH
Crl. OP No.3601 of 2021
1. C.K.Basheer
2. Junaitha Banu ... Petitioners
vs.
The State
Rep. By the Sub Inspector of Police,
Kuniamuthur Police Station,
Coimbatore. … Respondent
PRAYER: Criminal Original Petition filed under Section 482 of the Code
of Criminal Procedure, to direct the Judicial Magistrate Court No.VII,
Coimbatore to expedite the trial in S.T.C. No.4816 of 2019 and pass
judgment in S.T.C.No.4816 of 2019 and C.C.No.440 of 2016 on the same
day.
For Petitioners : Mr.S.B.Viswanathan
For Respondents : Mr.C.Raghavan
Government Advocate (crl. Side)
1/6
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Crl. OP No.3601 of 2021
ORDER
This petition has been filed for a direction to the Court below to
expedite the trial in STC No.4816 of 2019 and CC No.440 of 2016.
2. It is seen from records that there was a case and counter resulting
in registration of two FIRs in Crime Nos.176 of 2016 and 218 of 2016.
After investigation, Final Report has been filed in both the FIRs.
Unfortunately two different Courts had taken cognizance of the Final
Report.
3. The FIR in Crime No.176 of 2016 resulted in CC.No.440 of 2016
on the file of the learned Judicial Magistrate No.VII, Coimbatore. Whereas
the FIR in Crime No.218 of 2016 resulted in STC No.4816 of 2019, initially
before the Judicial Magistrate No.VII, Coimbatore and it was subsequently,
transferred to the Fast Track Court. As a result of the same, both cases were
heard by different Courts. Ultimately STC No.4816 of 2019 was again
transferred back to the file of the Judicial Magistrate No.VII, Coimbatore.
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Crl. OP No.3601 of 2021
4. Due to the above confusion, there was progress in CC No.440 of
2016, where three witnesses were examined on the side of the prosecution.
Whereas in STC No.4816 of 2019 there was absolutely no progress and no
witnesses were examined. At this stage the petitioners have approached this
Court seeking for expediting the trial in both the cases.
5. Heard Mr.S.B.Viswanathan learned counsel appearing for the
petitioners and Mr.C.Raghavan, learned Government Advocate appearing
for the respondent.
6. Where two Final Reports are filed by the respondent Police in a
case and counter, the Trial Court is expected to conduct simultaneous trial
in line with the guidelines issued by the Hon’ble Supreme Court in Nathi
lal vs. State of Uttar Pradesh, reported in 1990 SCC Crl 638. This
judgment was followed by this Court in Ganesan v. State, and the
guidelines were reiterated at paragraph Nos.32 and 33 in the judgment
reported in 2011 (5) CTC 747. In view of the same, the Court below will
have to conduct the trial in both the cases in accordance with these
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Crl. OP No.3601 of 2021
guidelines and the way in which the trial had taken place till now is not in
line with these guidelines.
7. In view of the above discussion, there shall be a direction to the
learned Judicial Magistrate No.VII, Coimbatore, to conduct the trial in CC
No.440 of 2016 and STC No.4816 of 2019 in line with the guidelines issued
in the judgments referred supra and complete the proceedings within a
period of four months from the date of receipt of a copy of this order.
8. This Criminal Original Petition is disposed of accordingly.
24.02.2021
Index : Yes/No
Internet : Yes/No
Speaking Order/Non-Speaking Order
jv
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Crl. OP No.3601 of 2021
To
1. The Judicial Magistrate Court No.VII,
Coimbatore.
2. The Sub Inspector of Police,
Kuniamuthur Police Station,
Coimbatore.
3. The Public Prosecutor,
High Court of Madras,
Chennai 600 104.
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Crl. OP No.3601 of 2021
N. ANAND VENKATESH, J.
jv
Crl. OP No.3601 of 2021
24.02.2021
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