Amanee Dhanji Mokariya vs The State Represented By
2024 Latest Caselaw 5074 Mad

Madras High Court

Amanee Dhanji Mokariya vs The State Represented By on 4 March, 2024

Author: N.Anand Venkatesh

Bench: N. Anand Venkatesh

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                              DATED : 04.03.2024

                                                   CORAM

                         THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH

                                            Crl.O.P.No.5031 of 2024

            Amanee Dhanji Mokariya                                                      ... Petitioner

                                                      Vs.

            The State Represented by
            Deputy Superintendent of Police,
            CBCID, Coimbatore.                                                       ... Respondents

            PRAYER: Criminal Original Petition is filed under Section 482 of the Code of
            Criminal Procedure, to direct the Chief Judicial Magistrate, Coimbatore to dispose of
            CC.No.242 of 2023 as expeditiously possible in accordance with law.


                                  For Petitioner    : Mr.Rahul Jagannathan

                                  For Respondent    : Mr.A.Damodaran
                                                      Additional Public Prosecutor


                                                   ORDER

This Criminal Original Petition has been filed to direct the Chief Judicial

Magistrate, Coimbatore to dispose of C.C.No.242 of 2023 as expeditiously possible

in accordance with law.

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

2.Heard the submissions of learned counsel appearing for the petitioner.

3.Taking into consideration the facts and circumstances of the case, there shall

be a direction to the learned Chief Judicial Magistrate, Coimbatore to expedite the

hearing in C.C.No.242 of 2023 and complete the same, within a period of three

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). Consequently, connected miscellaneous

petitions are also closed.

4. This Criminal Original Petition is disposed of with the above direction.

04.03.2024 Index: Yes/No Internet: Yes/No ssr

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

To

1.The Chief Judicial Magistrate, Coimbatore.

2.The Deputy Superintendent of Police, CBCID, Coimbatore.

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

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

N.ANAND VENKATESH,J.

ssr

04.03.2024

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