Madras High Court
Asha Nagarajan @ Asha Nagamurugan vs The State on 16 November, 2022
Crl.O.P.(MD) No.559 of 2022/
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 16.11.2022
CORAM
THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP
CRL.O.P (MD) No.559 of 2022
Asha Nagarajan @ Asha Nagamurugan ...Petitioner / Accused No.7
vs
The State, represented by,
The Inspector of Police,
S.S.Colony Police Station,
Madurai City.
(Crime No.2361 of 2020) ...Respondent / Complainant
PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C,
praying to direct the learned I Additional District and Sessions Court for EC
and NDPS Act Cases, Madurai, to complete the trial in C.C.No.231 to 2021
within a stipulated time as fixed by this Court.
For Petitioners : Mr. M.Jegadeeshpandian
For Respondent : M/s. R.M.Anbunithi,
Additional Public Prosecutor (Crl.Side)
1/6
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Crl.O.P.(MD) No.559 of 2022/
ORDER
This Criminal Original Petition has been filed by the seventh accused
in C.C.No.231 of 2021, to direct the learned I Additional District and
Sessions Court for EC and NDPS Act Cases, Madurai, to complete the trial
in C.C.No.231 to 2021 within a stipulated time as fixed by this Court.
2. Accordingly, the learned Single Judge of this Court vide order
dated 08.02.2022, had directed the learned I Additional District and
Sessions Court for EC and NDPS Act Cases, Madurai, to dispose of the case
in C.C.No.231 of 2021 within a period of six months from the date of
receipt of copy of this order.
3. Today, the case had been posted under caption for “extension of
time”. As per the letter of the learned I Additional District and Sessions
Court for EC and NDPS Act Cases, Madurai, in D.No.266 dated
28.10.2022, the copy of the order passed by the learned Single Judge was
received on 08.03.2022. Non Bailable Warrant was pending against A1.
Therefore, the case was split up against A1 and the case proceeded for the
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Crl.O.P.(MD) No.559 of 2022/
trial against the other person to comply the direction of this Court. On
27.06.2022, the Inspector of Police had filed requisition for issue P.T.
Warrant against A1 since he was in judicial custody in another case and this
Court clubbed both cases and posted for furnishing copies to the accused
persons. On 07.07.2022, A1 was produced before this Court on P.T.
Warrant and copies were furnished to him. Now, all the accused are in
judicial custody and the charges were framed against the accused on
20.09.2022. Since, the accused had lodged in various Prisons and the
learned I Additional District and Sessions Court for EC and NDPS Act
Cases, Madurai, is unable to proceed with the trial.
4. In the light of the direction issued by this Court, the learned I
Additional District and Sessions Court for EC and NDPS Act Cases,
Madurai, is directed to issue order to the Investigation Officer or Station
House Officer of the Police Station concerned and also to the Prison
Authority to lodge all the accused in Prison at Madurai.
5. In the light of the order passed in Crl.O.P(MD) No.559 of 2022,
dated 08.02.2022, the Police Officials will be able to produce all the
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Crl.O.P.(MD) No.559 of 2022/
accused before the Court and also he shall prevail upon the accused who are
on bail. If any of the accused is absconding, the bail will be cancelled and
they will be detained in Prison till the case end up in pronouncing judgment.
Since, in the NDPS Act case, maximum ten witnesses will be available, they
can be examined in fifteen days on a day to day basis commencing from
Monday to Friday.
6. The learned I Additional District and Sessions Court for EC and
NDPS Act Cases, Madurai, is granted three months time to complete the
trial and report compliance to this Court after completion of the trial
proceedings.
7. With the above directions, this Criminal Original Petition is
disposed of.
16.11.2022
Index:Yes/no
indu
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Crl.O.P.(MD) No.559 of 2022/
To
1. The learned I Additional District and
Sessions Court for EC and NDPS Act Cases,
Madurai,
2.The Inspector of Police,
S.S.Colony Police Station,
Madurai City.
3.The Additional Public Prosecutor (Crl. Side),
Madrurai Bench of Madras High Court,
Madurai.
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Crl.O.P.(MD) No.559 of 2022/
SATHI KUMAR SUKUMARA KURUP, J.
indu
CRL.O.P (MD) No.559 of 2022
16.11.2022
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