The Madurai Bench of Madras High Court directed the trial court to conclude the pending trial within a stipulated timeframe and ordered the police to execute a non-bailable warrant against an accused who has evaded trial.
Direct the trial court to complete the trial and direct the police to execute the non-bailable warrant within eight weeks.
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.
Crl.O.P.(MD)No.20439 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 18.07.2024
CORAM :
THE HON`BLE MR.JUSTICE B.PUGALENDHI
Crl.O.P.(MD)No.20439 of 2023
Sahul Hameed ... Petitioner
Vs
1.Senthil Kumar
2.The Inspector of Police,, Dindigul West Police Station, Dindigul. ...Respondents
(R2 is suo motu Impleaded as per Order of this Court Dated, 13.12.2023 in Crl.Op(MD) No.20439/2023 by GIJ).
Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the Learned Judicial Magistrate No.II, Dindigul, to complete the trial in S.T.C No. 40 of 2015 within the time frame fixed by this Court.
For Petitioner : Mr.Mohammed Riyaz.A, For R2 : Mr.M.Sakthi Kumar Government Advocate (Crl.side)
O R D E R
The petitioner with a grievance that the complaint, which
was registered in the year 2015, is still pending without any progress has
approached this Court, seeking a direction to the learned Judicial
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Crl.O.P.(MD)No.20439 of 2023
Magistrate No.II, Dindigul, to complete the trial in S.T.C No. 40 of 2015, within a stipulated time.
2.The learned counsel appearing for the petitioner submits
that the accused has evaded the trial and therefore, a Non Bailable Warrant of arrest has been issued as against him, but it has not been executed so far.
3.It appears that a report has also been called for from the concerned Judicial Magistrate and it was confirmed by the learned Magistrate that a Non Bailable Warrant of arrest issued as against the accused on 30.09.2022 is pending for execution Therefore, this Court has
suo motu impleaded the Inspector of Police, Dindigul West Police Station, Dindigul, as a party to this petition.
4.The newly impleaded respondent/ the Inspector of Police,
Dindigul West Police Station is directed to execute the Non Bailable Warrant issued as against the accused, within a period of eight weeks from the date of receipt of a copy of this order and after execution of the https://www.mhc.tn.gov.in/judis warrant, the trial Court is directed to conclude the trial in STC No.40 of
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Crl.O.P.(MD)No.20439 of 2023
2015 as expeditiously as possible.
5.With the above directions, this Criminal Original Petition
is disposed of.
18.07.2024
NCC : Yes/No Index : Yes/No Internet:Yes vrn To
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Crl.O.P.(MD)No.20439 of 2023
B.PUGALENDHI,J
vrn
Order made in Crl.O.P.(MD)No.20439 of 2023
18.07.2024
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2 issues framed by the court
Whether to direct the trial court to complete the pending trial within a stipulated time.
Whether to direct the police to execute a pending Non Bailable Warrant of arrest.
1 provisions across 1 enactments
Sahul Hameed
Senthil Kumar
The Inspector of Police, Dindigul West Police Station, Dindigul
B. PugeLendi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
