Madras High Court
R.Gunasekaran vs The State Of Tamil Nadu on 7 February, 2025
Crl.O.P.(MD) No. 2386 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 07.02.2025
CORAM
THE HONOURABLE MR.JUSTICE P.DHANABAL
Crl.O.P(MD) No.2386 of 2025
R.Gunasekaran ... Petitioner
Vs.
The State of Tamil Nadu
Represented by the Inspector of Police,
District Crime Branch,
Theni.
(Crime No.17 of 2018) ...Respondent
PRAYER: Criminal Original Petition is filed under Section 528 of BNSS,
2023, to direct the learned Judicial Magistrate, Theni to complete the trial
in C.C.No.339 of 2023 within the time stipulated by this Court.
For Petitioner : Mr.C.Jeganathan
For Respondent : Mr.R.M.Anbunithi
Additional Public Prosecutor (Crl. Side)
ORDER
This Criminal Original Petition has been filed by the petitioner to
direct the learned Judicial Magistrate, Theni to complete the trial in
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C.C.No.339 of 2023 within a time stipulated by this Court.
2. According to the petitioner, he is the defacto complainant. In
this case, the mother of the petitioner was impersonated and created a
power deed and thereby, he lodged a complaint. Based on his complaint,
the respondent police registered an F.I.R in Crime No. 17 of 2018 and
thereafter, now the case is pending in C.C.No.237 of 2019 before the
Judicial Magistrate, Theni. So far, no trial has been commenced and the
petitioner is aged about 72 years and therefore, he prayed for speedy
disposal by fixing time.
3. The learned Additional Public Prosecutor (Criminal Side)
appearing for the respondent would submit that based on the complaint
given by the defacto complainant, they registered a case in Crime No.17
of 2018 and thereafter, they filed charge sheet and the same was taken on
file in C.C.No.237 of 2019. At the time of registering F.I.R, the case was
pending before the Land Grabbing Court and thereafter, based on the
judgment of the Hon'ble Division Bench of this Court, G.O. for
constitution of Land Grabbing Court was quashed and the same was
confirmed by the Hon'ble Supreme Court, thereby, the case has been
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transferred to the concerned jurisdictional Court and renumbered as
C.C.No.339 of 2023. Now, it is pending before the Judicial Magistrate,
Theni and Non Bailable Warrant (NBW) is pending also against the
Accused No.1 / Renuka and Accused No.7 / Sankar Ayyanar. Therefore,
the trial has not been commenced.
4. Head both sides and perused the materials on records.
5. Based on the complaint given by the petitioner, F.I.R has been
registered in the year 2018 and the case has been taken on file in C.C.No.
237 of 2019 before the Land Grabbing Court. Thereafter, based on the
Judgment of the Hon'ble Division Bench of this Court, the G.O. for Land
Grabbing Court was quashed and the same was also confirmed by the
Hon'ble Supreme Court, the case has been transferred to jurisdictional
Magistrate and taken on file as C.C.No.339 of 2023 and now the case is
pending. According to the respondent, Non Bailable Warrant (NBW) is
pending against the A1 and A7 and therefore, they are unable to proceed
with the case. Since the case is pending from 2018, it is appropriate to
direct the learned Magistrate to complete the trial proceedings within a
stipulated time and the respondent police is also directed to execute the
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Non Bailable Warrant (NBW) pending against the A1 and A7 within 15
days. Otherwise, the leaned Magistrate can take appropriate steps to split
up the case against whom the Non Bailable Warrant (NBW) is pending
and conduct the case in accordance with law without giving any long
adjournments as early as possible preferably within four months from the
date of receipt of this order.
6. In view of the above said observations and directions, this
Criminal Original Petition is disposed of. No costs.
07.02.2025
Internet :Yes
Index :Yes/No
NCC :Yes/No
mac
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P.DHANABAL, J.
mac
To
1. The Inspector of Police,
District Crime Branch,
Theni.
2.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
07.02.2025
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