Madras High Court
A.Vaithi vs State Of Tamil Nadu Rep. By on 20 January, 2025
Author: M.Nirmal Kumar
Bench: M.Nirmal Kumar
Crl.O.P.(MD) No.721 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 20.01.2025
CORAM
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
Crl.O.P.(MD) No.721 of 2025
A.Vaithi ... Petitioner
Vs.
State of Tamil Nadu rep. by
The Inspector of Police,
Thuraiyur Police Station,
Trichy District.
(Crime No.343/05) ... Respondent
Prayer: Criminal Original Petition filed under Section 482 of Criminal
Procedure Code, 1973 to direct the learned III Additional District and
Sessions Judge, Trichy to dispose of Crl.A.(MD) No.46 of 2023 on his
file, as expeditiously as possible and within the time stipulated by this
Court.
For Petitioner : Mr.B.Jameelarasu
For Respondent : Mr.A.Thiruvadi Kumar
Additional Public Prosecutor
ORDER
The Criminal Original Petition has been filed under Section 482 of
the Criminal Procedure Code, 1973, seeking a direction to the learned III
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Additional District and Sessions Judge, Trichy, to dispose of Crl.A.(MD)
No.46 of 2023 as expeditiously as possible and within the time stipulated
by this Court.
2. The petitioner is the de facto complainant in Crime No.343 of
2005. On completion of the investigation, the charge sheet was filed by
the respondent police against six persons. The same was taken on file in
C.C.No.206 of 2007 on the file of the learned Judicial Magistrate,
Thuraiyur. Thereafter, the case against A2, A3, A4, and A6 was quashed
by orders of this Court dated 01.12.2009 passed in Crl.O.P.(MD) No.308
of 2008 and dated 20.12.2012 passed in Crl.O.P.(MD) No.11698 of 2010.
The trial court convicted A1 and A5 for the offence punishable under
Section 420 of the IPC and sentenced them to undergo three years of
simple imprisonment each, and ordered them to pay a fine of Rs.2,000/-
each. The trial court further directed a compensation of Rs.10,000/- to
each of the victims. Aggrieved by the judgment, A1 preferred an appeal in
Crl.A.No.46 of 2023, and A5 preferred an appeal in Crl.A.No.47 of 2023.
Both appeals are now pending before the learned III Additional District
and Sessions Judge, Trichy.
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3. The contention of the petitioner is that from 05.06.2023 until the
present date, i.e., for more than 1½ years, the case has been pending,
awaiting records. The trial court, namely, the Judicial Magistrate Court,
Thuraiyur, is not far away. However, citing the pending records, the case
is periodically adjourned. Hence, the petitioner has filed this petition.
4. The learned Additional Public Prosecutor appearing for the
respondent submitted that during the trial, the respondent police had
produced witnesses. The trial court, on examination of P.W.1 to P.W.7
and Ex.P1 to Ex.P8, convicted A1 and A5. As and when the appeals are
taken up for final hearing, there would be no delay on the part of the
respondent police.
5. The case is of the year 2007. The trial court passed the judgment
on 28.04.2023, which took more than 15½ years. The appeals have been
pending for more than 1½ years. The appeals have been periodically
adjourned by the learned III Additional District and Sessions Judge,
Trichy for awaiting records, which is not proper. The learned Judicial
Magistrate, Thuraiyur, is directed to send the records without further
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delay. The Chief Judicial Magistrate, Trichy, shall ensure that the records
are sent to the III Additional District and Sessions Court, Trichy.
6. On receipt of the records, the learned III Additional District and
Sessions Judge, Trichy, shall complete the hearings of the appeals in
Crl.A.Nos.46 & 47 of 2023 within a period of three months thereafter.
7. Accordingly, this Criminal Original Petition stands disposed of.
20.01.2025
Index: Yes/ No
Neutral Citation: Yes / No
Speaking Order/Non-Speaking Order
JEN
To:
1.The Chief Judicial Magistrate,
Trichy.
2.The III Additional District and Sessions Judge,
Trichy.
3.The Inspector of Police,
Thuraiyur Police Station,
Trichy District.
4.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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M.NIRMAL KUMAR, J.
JEN
20.01.2025
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