Naganathadurai vs State Of Tamil Nadu Rep.By
2024 Latest Caselaw 18072 Mad

Madras High Court

Naganathadurai vs State Of Tamil Nadu Rep.By on 10 September, 2024

                                                                                Crl.O.P.(MD)No.15171 of 2024


                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                      DATED: 10.09.2024

                                                            CORAM

                                   THE HON'BLE MR.JUSTICE K.MURALI SHANKAR

                                                Crl.O.P.(MD)No.15171 of 2024

                     Naganathadurai                                                     : Petitioner


                                                               Vs.

                     1. State of Tamil Nadu rep.by
                       The Sub Inspector of Police,
                       Kadaladi Police Station,
                       Ramanathapuram District.

                     2.Pathirakali                                                    : Respondents

                     PRAYER :              Criminal Original Petition filed under Section 528 of
                     B.N.S.S., to direct the District Munsif cum Judicial Magistrate, Kadaladi
                     to conclude the case in S.T.C.No.489 of 2021 within a time frame as fixed
                     by this Court.
                                        For Petitioner       : Mr.D.Venkatesh
                                        For Respondents      : Mr.E.Antony Sahaya Prabahar,
                                                              Additional Public Prosecutor, for R1.
                                                            ORDER

This Criminal Original Petition has been filed, invoking Section 528

of BNSS, seeking orders, to direct the District Munsif cum Judicial

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.15171 of 2024

Magistrate, Kadaladi to conclude the case in S.T.C.No.489 of 2021 within

a time frame as fixed by this Court.

2. When the matter is taken up for hearing today, the learned

Additional Public Prosecutor appearing for the State would submit that the

case in counter case in C.C.No.95 of 2021 for the offence under Section

324 of IPC, is also pending on the file of the same Court and that the trial

is not yet commenced.

3. The learned counsel for the petitioner would submit that the

Summary Trial case, in which, the petitioner is accused, the trial has

already been completed and when the matter was posted for judgment, the

learned Magistrate, coming to know about the pendency of the case in

counter, has been adjourning the matter.

4. Considering the submission made by the learned counsel on

either side, the learned trial Judge is directed to proceed with the trial in

C.C.No.95 of 2021 and complete the same within a period of four months

from the date of receipt of copy of this order and then to pronounce the

judgment simultaneously.

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.15171 of 2024

5. With the above direction, this Criminal Original Petition stands

disposed of.

                                                                                   10.09.2024
                     NCC      : Yes/No
                     Index    : Yes / No
                     Internet : Yes / No
                     das

                     To

1.The District Munsif cum Judicial Magistrate, Kadaladi

2.The Sub Inspector of Police, Kadaladi Police Station, Ramanathapuram District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.15171 of 2024

K.MURALI SHANKAR,J.

das

Order made in Crl.O.P.(MD)No.15171 of 2024

Dated: 10.09.2024

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