J. Sagaya Arokia Nayagi v. Stae by : The Inspector of Police, City Crime Branch, Tiruchirappalli (Crime NO. 9 of 2003)
2016-02-25
P.N.PRAKASH
body2016
DigiLaw.ai
ORDER : This petition has been filed to direct the respondent to dispose of the case pending in C.C.No.166 of 2008 on the file of the learned Judicial Magistrate No.II, Thiruchirappalli within a period of 3 months. 2. Heard the learned counsel for the petitioners and the learned Government Advocate(Cr.side) appearing for the respondent and perused the materials placed on record. 3. It is seen that FIR in this case was registered on 09.10.2003 and after completing the investigation, the respondent police have filed a final report in C.C.No.166 of 2008 against 17 accused before the learned Judicial Magistrate No.II, Trichirappalli. While so, the proceedings against A5, A11, A12, A14, A15, A16 and A17 were quashed by this Court. Now there are remaining 11 accused. The grievance of the petitioners is that the pendency of the criminal case against them from the year 2003 has adversely affected their promotional opportunities and pensionary benefits. This Court called for a report from the learned Judicial Magistrate No.2, Trichirappalli. The learned Magistrate has stated as follows: I further submit that the case is proceeding against the remaining accused and out of 29 witnesses cited, one witness was examined on 17.09.2012, 3.4.2014 as P.W.1 and 7 exhibits have been marked as Ex.P.1 to Ex.P7. On 15.07.2015 Chief Examination was closed. Further the case has been posted to 12.08.2015 and 16.09.2015 for cross of P.W.1. But P.W.1 was not turned up. Further the case stands posted only for cross continuation of P.W. 1 on 09.03.2016. Hence, delay in completion of he trial in C.C.No. 166 of 2008 of this Court. I further submit I have joined duty on 6.5.2015 in this Court and necessary steps will be taken to expedite the cross-examination of P.W.1, and examination of other witnesses in future. 4. In view of the above, this Court directs the respondent police, the Additional Public Prosecutor in-charge of the police and the learned Judicial Magistrate No.II, Trichirappalli to conduct the trial in C.C.No.166 of 2008 expeditiously and complete the same in day to-day manner within a period of six months from the date of receipt of copy of this order, provided the accused co operate in conduct of the trial by cross examining witnesses without unnecessary adjournments.
If the witnesses are not present on the particular date, the Trial Court is entitled to issue warrant against them for securing their presence and the court can also impose costs on the police, if they adopt dilatory tactics under Section 309 Cr.P.C.