Madras High Court
M.Muralidharan vs State Rep.By on 24 July, 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.07.2023
CORAM :
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH
Crl.O.P.No.26860 of 2023
1.M.Muralidharan, M/54 years
S/o.M.Munusamy
Inspector of Police
Anti Land Granddibg Special Cell(ALGSC)
Thiruvannamalai District
(Formerly Gudiyatham Taluk Police Station
Vellore District).
2.S.Umachandiran, M/49 Years
S/o.Subramani
Head Constable
Ambur Town Police Station
Thiruppathur District.
(Formerly Gudiyatham Taluk Police Station
Vellore District).
3.K.Inbarasan, M/59 years
S/o.Kannan
Special Sub-Inspector of Police
Veppangkuppam Police Station
Vellore District.
(Formerly Gudiyatham Taluk Police Station
Vellore District). ... Petitioners/Accused
Vs.
State Rep.by
The Deputy Superintendent of Police
Crime Branch CID. ..Respondent/Complainant
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Page 1 of 6
Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. to direct
the learned Judicial Magistrate No.III, Vellore to complete the trial in
C.C.No.546 of 2019 and dispose the same within the time frame as fixed by
this Court.
For Petitioners : Mr.R.Sampath Kumar
For Respondents : Mr.A.Gopinath
Government Advocate (Crl.Side)
ORDER
This petition has been filed for a direction to the learned Judicial
Magistrate No.III, Vellore, to complete the trial in C.C.No.546 of 2019, within
the time frame fixed by this Court.
2.When the matter came up for hearing on 04.07.2023, the learned
Government Advocate (crl.side) brought to the notice of this Court that a
further investigation was conducted in this case pursuant to the orders passed
by this Court. The learned Government Advocate (crl.side) also sought for
sometime to take instructions in this regard. Accordingly, the matter stood
posted today.
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3.When the matter was taken up for hearing today, a status report of the
Additional Superintendent of Police CBCID, Villupuram Range, was filed.
The copy of the further report which was filed before the Judicial Magistrate
No.III, Vellore, was also filed before this Court. Pursuant to the further
report, the case is now going to be tried for offence u/s 343, 346, 348, 352,
325, 203, 217 and 218 IPC r/w 34 IPC. Section 331 of IPC, is triable by a
Court of Session. In view of the same, the trial has to be conducted only by a
Court of Session. Accordingly, the Court below has to commit this case to the
Court of Session.
4.In the light of the above development, there shall be a direction to the
learned Judicial Magistrate No.III, Vellore, to commit the case to the file of
the Principal District and Sessions Court, Vellore, within a period of four
weeks from the date of receipt of copy of the order. The Principal District and
Sessions Judge, Vellore, shall proceed further with the case and conduct the
case on a day today basis by following the dictum of the Apex Court in Vinod
Kumar .v. State of Punjab reported in [2015 (1) MLJ (Crl) 288 SC]. The
entire proceedings shall be completed by the Court of Sessions within a period
of six months. If any attempt is made to drag on the proceedings, it is left
open to the Sessions Court to act in accordance with the judgment of the Apex
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Court in STATE OF UTTAR PRADESH .Vs. SHAMBHU NATH SINGH
reported in (JT 2001 (4) SC 3191).
5.This criminal original petition is disposed of with the above
directions.
24.07.2023
Index : Yes/No
Internet : Yes/No
Speaking Order/Non-Speaking Order
KP
https://www.mhc.tn.gov.in/judis
To
1.Judicial Magistrate No.III, Vellore.
2.Principal District and Sessions Court
Vellore.
3.The Deputy Superintendent of Police
Crime Branch CID.
4.The Public Prosecutor
High Court, Madras.
https://www.mhc.tn.gov.in/judis
N. ANAND VENKATESH, J.
kp
Crl.O.P.No.26860 of 2022
24.07.2023
https://www.mhc.tn.gov.in/judis
