This Court directed the Judicial Magistrate No.II, Thiruvallur, to complete the trial of C.C.No. 36 of 2021 within six months of receipt of the order, dismissing the claim that vacancy caused the delay.
The Judicial Magistrate No.II or the in-charge to proceed with the trial and complete the trial within six months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.10.2021
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
CRL.O.P.NO.17589 OF 2021
S.P.Moorthy S/o.P.Palani
...Petitioner/Complainant
Versus
The Inspector of Police, District Crime Branch, Thiruvallur, Thiruvallur District. ....Respondent/Police
PRAYER:
Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the Judicial MagistrateII, Thiruvallur to dispose the C.C.No. 36 of 2021 within a time frame fixed by this Hon'ble Court.
ORDER
(This case has been heard through video conference)
According to the petitioner/defacto complainant, he lodged a complaint in Crime No.18 of 2011 for offence under Sections 420, 423, 465, 468 and 471 r/w 120(b) I.P.C. before the respondent police. Thereafter, no action taken by the respondent police. Hence, the petitioner was constrained to move this court in Crl.O.P.No. 173 of 2021 and this Court given a positive direction on 08.01.2021. Thereafter, only charge sheet came to be filed on 31.03.2021 and the case was taken on file in C.C. No.26 of 2021. Thereafter, all the accused appeared and initial questioning completed on 08.04.2021 and the case was periodically adjourned from 01.06.2021 to 23.09.2021 without any progress.
there are totally 7 accused in this case. 15 witnesses listed. Witnesses would be produced by the respondent police then and there without any delay. Since the Judicial Magistrate No.II is vacant, the trial could not be completed and the respondent police are not the reason.
materials available on records carefully.
Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
rpp/nr
To
Thiruvallur District.
+1cc to Mr.T.Karunakaran, Advocate, S.R.No.51536
CRL.O.P.No.17589 of 2021
SRA(CO)
PM/12/10/2021
2 issues framed by the court
Whether the non-availability of a regular Judicial Magistrate justifies delay in completing a criminal trial.
Whether the petitioner is entitled to a fixed timeline for the disposal of the pending criminal case.
1 provisions across 1 enactments
S.P. Moorthy
The Inspector of Police, District Crime Branch, Thiruvallur
M. Nirmal Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
