Madras High Court
N.S.Lavakumar vs State Represented By on 27 April, 2022
Crl.O.P.No.9531 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.04.2022
CORAM
THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA
Crl.O.P.No.9531 of 2022
1.N.S.Lavakumar,
S/o.N.V.Sankarlal
2.K.B.Vinoth Kumar,
S/o.Balaraman
3.N.S.Jeyandran,
S/o.N.V.Sankarlal ... Petitioners
Vs
State Represented by
The Inspector of Police,
Sevapet Police Station,
Salem.
(Crime No.557 of 2012) ... Respondent
Prayer: Criminal Original petition is filed under Section 482 of Criminal
Procedure Code, to direct the learned Judicial Magistrate No.III, Salem to
dispose of the C.C.No.30 of 2014 as expeditiously as possible preferably
within a stipulated time frame.
For Petitioners : Mr.S.Ganeshkumar
For Respondent : Mr.A.Gokulakrishnan
Additional Public Prosecutor
https://www.mhc.tn.gov.in/judis
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Crl.O.P.No.9531 of 2022
ORDER
This Criminal Original Petition has been filed, to direct the learned
Judicial Magistrate No.III, Salem to dispose of the C.C.No.30 of 2014 as
expeditiously as possible preferably within a stipulated time frame.
2. The learned counsel for the petitioners would submit that the
petitioners are accusing facing trial in C.C.No.30 of 2014 for the charges
under Sections 409 and 109 of IPC.
3. The learned counsel for the petitioners would further submit that
the case was taken on file during the year 2014 and after service of copies
of charge sheet, the case was posted for trial and summons was issued to
LW1 to LW5 on 22.04.2016 and thereafter the case was adjourned to
06.05.2016. Thereafter, the case was periodically adjourned due to non-
production of witnesses until the year 2018.
4. On 16.02.2018, PW1 was produced and chief examination was
done in part and thereafter the case was posted for continuation of chief
on 13.03.2018 and once again due to non-production of PW1 by the
respondent police, the case was adjourned till July 2018. Only on
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Crl.O.P.No.9531 of 2022
01.08.2018, PW1 appeared and examination in chief was completed.
PW1 was cross examined and the case was posted for summons to all
other witnesses by 21.08.2018, but no witnesses were produced by the
respondent police. Thereafter, the petitioners filed petition under Section
311 of Cr.P.C to recall PW1 for cross examination. It was returned on
29.01.2019 and thereafter petition under Section 91 of Cr.P.C was filed
and numbered as C.M.P.No.1088 of 2019 and it is posted for filing of
counter. Subsequently, none of other witnesses have been produced and
the case is adjourned periodically. The petitioners being accused have a
constitutional right for speedy trial and thereby he would pray that a
direction may be issued to complete the trial.
5. The learned Additional Public Prosecutor for the respondent
would submit that there are totally 8 witnesses in this case, so far LW1
has examined as PW1 and the trial Court adjourned the case for
summons to other witnesses on 21.08.2018. He would further submit
that the respondent will cooperate for the speedy trial.
A.D.JAGADISH CHANDIRA,J.
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.9531 of 2022
arb
6. In view of the above, a direction is issued to the trial Judge to
complete the trial and deliver the Judgment within a period of six months
from the date of receipt of a copy of this order.
7. This Criminal Original Petition stands disposed of with the
above direction and observation.
27.04.2022
Index :Yes/No
Internet : Yes/No
Speaking order/Non-speaking order
arb
To
1.The learned Judicial Magistrate No.III,
Salem.
2.The Inspector of Police,
Sevapet Police Station,
Salem.
3.The Public Prosecutor,
High Court of Madras.
Crl.O.P.No.9531 of 2022
https://www.mhc.tn.gov.in/judis
