Madras High Court
Arunraj vs State Rep By on 16 June, 2023
Crl.O.P.No.25011 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.06.2023
CORAM
THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR
Crl.O.P.No.25011 of 2022
Arunraj ... Petitioner
Vs.
State Rep by,
Inspector of Police,
Valangaiman Police Station,
Thiruvarur District.
(Crime No.38 of 2013). ... Respondent
PRAYER: Criminal Original Petition is filed under Section 482 of the
Code of Criminal Procedure, directing the Sub Court, Mannargudi to split
up the case and commit for trial expeditiously and fix the time frame as
per the order passed in Crl.M.P.No.52 of 2017 dated 17.04.2017 in
S.C.No.51 of 2014 pending on the file of the Sub Court, Mannarkudi.
For Petitioner : Mr.M.Govindaraju
For Respondent : Mr.A.Gokulakrishnan
Additional Public Prosecutor
*****
ORDER
The petitioner/A6 in S.C.No.51 of 2014 has filed this Criminal
Original Petition seeking for split up the case as regards absconding
accused and commit the case for trial and fix a time frame to complete the
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.25011 of 2022
trial within a stipulated period.
2.Learned counsel for the petitioner submitted that the
petitioner/A6 was charged along with five other accused and initially, he
was alone appeared before the trial Court and the case was adjourned
periodically for appearance of the other accused. Due to which, a report
has been called for from the Subordinate Judge, Mannargudi, by order,
dated 18.10.2022. The learned Subordinate Judge, Mannargudi sent a
report, dated 03.11.2022 stating that the delay is for the reason that Non-
Bailable Warrant has been pending against A1 & A2 from 13.06.2014,
A3 & A4 from 01.09.2014 and A5 from 28.03.2016, thereafter, a petition
for split up was filed by the petitioner/A6 and the same was allowed on
17.04.2017 and thereby, the case against A1 to A5 got split up in
D.No.945, dated 25.05.2017. On 14.08.2018, A2 passed away and
charge against him had abated, thereafter, A1 to A5 surrendered before
the learned Subordinate Judge, Mannargudi and Non-Bailable Warrant
was recalled and thereafter, A1, A5 & A6 were appearing before the
Subordinate Court, Mannargudi. Hence, he prayed for appropriate
direction of this Court.
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Crl.O.P.No.25011 of 2022
3.Learned Additional Public Prosecutor appearing for the
respondent Police submitted that there are totally six accused, the case
against A3 to A5 had been split up and S.C.No.111 of 2022 assigned.
During trial, A2 passed away, as a result, the charge against him abated.
As regards, A1, A5 & A6, after ful-fledged trial in S.C.No.51 of 2014, the
case against them ended in acquittal on 18.04.2023 and the copy of the
judgment is produced before this Court.
4.In view of the above, the prayer sought for by the petitioner
becomes infructuous. Hence, this Criminal Original Petition is liable to
be closed and, is closed.
16.06.2023
Index: Yes/No
Internet: Yes/No
vv2
To
1.The Inspector of Police,
Valangaiman Police Station,
Thiruvarur District.
2.The Public Prosecutor,
High Court, Madras.
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.25011 of 2022
M.NIRMAL KUMAR, J.
vv2
Crl.O.P.No.25011 of 2022
16.06.2023
https://www.mhc.tn.gov.in/judis
