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 O R D E R The Criminal Original Petition has been filed under Section 482 of the Criminal Procedure Code, 1973, seeking a direction to the learned III _____________ Page No. 1 of 5 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.721 of 2025 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. _____________ Page No. 2 of 5 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.721 of 2025 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 _____________ Page No. 3 of 5 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.721 of 2025 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. _____________ Page No. 4 of 5 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.721 of 2025 M.NIRMAL KUMAR , J. JEN Crl.O.P.(MD) No.721 of 2025 20.01.2025 _____________ Page No. 5 of 5 https://www.mhc.tn.gov.in/judis