Mohamed Rafiq vs Inspector Of Police
2023 Latest Caselaw 9496 Mad

                                                                                  Crl.O.P.No.17305 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 02.08.2023

                                                          CORAM

                            THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                              Crl.O.P.No.17305 of 2023


                     Mohamed Rafiq                                          .. Petitioner

                                                           Vs.

                     Inspector of Police,
                     E-1 Singanallur Police Station,
                     Coimbatore.                                             .. Respondent

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

                     of Criminal Procedure, to direct the Judicial Magistrate – III, Coimbatore to

                     expedite trial in C.C.No.67 of 2022 before the Judicial Magistrate III,

                     Coimbatore.

                                         For Petitioner          : Mr.M.Velmurugan

                                         For Respondent          : Mr.A.Damodaran
                                                                   Additional Public Prosecutor




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https://www.mhc.tn.gov.in/judis
                                                                                     Crl.O.P.No.17305 of 2023




                                                          ORDER

This petition has been filed for a direction to the learned

Judicial Magistrate – III, Coimbatore to expedite trial in C.C.No.67 of 2022.

2. It is brought to the notice of this Court that there are

totally five accused persons in this case. The learned Additional Public

Prosecutor submitted that except A1, all other accused persons are

appearing before the Court below and that the case is now at the stage of

serving summon on A1.

3. It is seen from records that there has been absolutely no

progress in this case for granting an order only on the ground that A1 is yet

to be served with the summon. The learned counsel for the petitioner

submitted that A1 is the accused in this case. If A1 is not able to be served

with summon, the Court below cannot be waiting endlessly and if it is found

that A1 is evading summon, non-bailable warrant must be issued to secure

A1.

4. In view of the same, the Court below shall take immediate steps

https://www.mhc.tn.gov.in/judis Crl.O.P.No.17305 of 2023

to ensure that A1 is served with summon or non-bailable warrant shall be

issued to secure his presence.

5. Accordingly, this Criminal Original Petition is disposed of with

a direction to the Court below to complete the proceedings in C.C.No.67 of

2022 on the file of Judicial Magistrate III, Coimbatore, within a period of

four months from the date of receipt of a copy of this order. 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]. If the petitioner adopts any dilatory tactics, it is

open to the trial Court to insist upon the presence of the petitioner and

remand him to custody as per the judgment of the Hon'ble Supreme Court

in STATE OF UTTAR PRADESH VS. SHAMBHU NATH SINGH (JT

2001 (4) SC 3191).

02.08.2023 Index : Yes/No Speaking order:Yes/No Neutral citation:Yes/No rka

https://www.mhc.tn.gov.in/judis Crl.O.P.No.17305 of 2023

To

1. The Judicial Magistrate III, Coimbatore,

2. The Inspector of Police, E-1 Singanallur Police Station, Coimbatore.

3. The Public Prosecutor High Court of Madras, Madras.

https://www.mhc.tn.gov.in/judis Crl.O.P.No.17305 of 2023

N.ANAND VENKATESH, J

rka

Crl.O.P.No.17305 of 2023

02.08.2023

https://www.mhc.tn.gov.in/judis