Selva Vinayagam v. State Rep. by Sub-Inspector of Police, Kadayanallur Police Station, Tirunelveli District
2016-03-15
P.N.PRAKASH
body2016
DigiLaw.ai
ORDER : 1. This petition has been filed to direct the learned Judicial Magistrate, Tenkasi to conduct speedy trial of the case in C.C. No.417 of 2011. 2. It is seen that only 10 witnesses are cited in the memo of evidence in C.C. No.417 of 2011, despite which, the prosecution has not been completed. Learned Government Advocate (Crl.Side) submitted that the whereabouts of L.Ws.1 & 2 are not known. That cannot be a good reason for the prosecution to keep the trial pending. It is open to the prosecution to give up the examination of L.Ws.1 & 2, if they are not able to trace them and proceed with the trial by examining other witnesses. 3. Learned counsel for the petitioner submitted that the petitioner has got employment abroad and because of the pendency of this case, the petitioner is not able to go abroad. 4. Under such circumstances, learned Judicial Magistrate, Tenkasi is directed to complete the trial of the case in C.C. No.417 of 2011 expeditiously within three months from the date of receipt of a copy of this order, provided the accused co-operates in conduct of the trial by cross examining witnesses contemporaneously after their examination in chief.