Dismissed

T.Vasantha v. State Rep by

Madras HC24 Aug 2020CRL OP/6000/2020

Case brief

AI extract

What is this about?

The High Court dismissed the petitioner's Criminal Original Petition to withdraw three murder cases from the Nagapattinam court and transfer them to Thiruvarur. The court held that transfer cannot be considered due to the COVID-19 pandemic, though it directed the trial judge to complete trials within six months.

What did the court decide?

Direction to complete trial in three cases within six months from date of receipt of this order.

T.Vasantha Vs State Rep by — Criminal Trial and Appeal | Madras HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 24.08.2020

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CORAM:

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THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

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CRL.O.P.No.6000 of 2020

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T. Vasantha ...Petitioner

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State rep by The Inspector of Police, Kariyapattinam Police Station, Nagapattinam.

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Vs. ...Respondent

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PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to withdraw the SC.No.47 of 2015, SC.No.51 of 2015 and SC.No.55 of 2015 from the file of the Principal District and Sessions Judge, Nagapattinam and transfer the same to the District and Sessions Court, Thiruvarur.

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For Petitioner : Mr.K.Semmalai
For Respondent : Mr.S.Karthikeyan
Additional Public Prosecutor
O R D E R

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This Criminal Original Petition has been filed to withdraw the S.C.No.47 of 2015, S.C.No.51 of 2015 and S.C.No.55 of 2015 from the file of the Principal District and Sessions Judge, Nagapattinam and transfer the same to the District and Sessions Court, Thiruvarur.

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The petitioner is the complainant and wife of the deceased. The deceased/husband of the petitioner contested for the Presidentship in the local body election and lost in the election. In this regard, there was a dispute between the rival party and the petitioner's husband group. As such, petitioner's husband was murdered by the accused persons. In this regard, there are totally three cases registered as against the accused persons. In all the three cases, the respondent filed a final report and the same have been taken cognizance by the trial court and it is pending for trial in S.C.Nos.47, 51 and 55 of 2015 on the file of the Principal District and Sessions Court, Nagapattinam. It is further averred in the the petition that the

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https://hcservices.ecourts.gov.in/hcservices/

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Presiding Officer did not conduct trial and it is pending for the past five years. The Presiding Officer so far has examined only one witness in S.C.No.47 of 2015 and 6 witnesses in S.C.No.51 of 2016 and no one was examined in S.C.No.55 of 2015. The Presiding Officer is very slow in conducting the trial.

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The learned Additional Public Prosecutor appearing for the respondent has submitted that the trial in three cases are pending because of the non-appearance of the accused persons, one or the another. Further due to COVID-19, now all the trial are standing still.

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Considering the above submission made by the learned Additional Public Prosecutor, the grounds raised by the petitioner cannot be considered for transfer of all the cases to other court, due to the prevailing COVID-19 Pandemic situation, the trial court could not complete the trial. Therefore, the prayer sought for in this petition cannot be considered.

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In the result, this Criminal Original Petition is dismissed. However, the Principal District and Sessions Judge, Nagapattinam, is directed to complete the trial in all the three cases, ( S.C.No.47 of 2015, S.C.No.51 of 2015 and S.C.No.55 of 2015), within a period of six months from the date of receipt of a copy of this order.

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Sd/Assistant Registrar //True Copy// Sub Assistant Registrar gv To

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1.The Inspector of Police, Kariyapattinam Police Station, Nagapattinam. 2. The Principal District and Sessions Judge, Nagapattinam. 3.The Additional Public Prosecutor, High Court, Madras.

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CRL.O.P.No.6000 of 2020 KK(CO) RMP(05/11/2020)

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https://hcservices.ecourts.gov.in/hcservices/

T.Vasantha v. State Rep by

Case brief

What is this about?

What did the court decide?

T.Vasantha v. State Rep by

Case brief

What is this about?

What did the court decide?

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