CRL OP/8196/2026 of R.Senthilkumar Vs The State Rep. by The Inspector of Police(Crime)
CRL OP No. 8196 of 2026
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.04.2026
CORAM
THE HON'BLE MR JUSTICE M. NIRMAL KUMAR
CRL OP No. 8196 of 2026
R.Senthil Kumar
..Petitioner(s)
Vs
The State represented by
The Inspector of Police(Crime),
S7, Madipakkam Police Station,
Chennai.
..Respondent(s)
Criminal Original Petition is filed under Section 528 of B.N.S.S., to direct
the concerned trial Court to conduct and complete the trial in C.C .No.72 of
2026 arising out of Crime No.379 of 2021 within a time frame as fixed by this
Court.
For Petitioner(s): Mr.G.Kartheeban
For Respondent(s): Mr.Leonard Arul Joseph Selvam,
Additional Public Prosecutor for R1 & R2
ORDER
This Criminal Original Petition has been filed seeking a direct ion to the
learned Judicial Magistrate No.II, Alandur, to conduct and complete the trial in
C.C.No.72 of 2026 arising out of Crime No.379 of 2021 within a time frame to
be fixed by this Court.
https://www.mhc.tn.gov.in/judis
CRL OP No. 8196 of 2026
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2. The grievance of the petitioner is that the case was registered in t he
year 2021 in Crime No.379 of 2021 and thereafter, no proper investigation was
conducted. It is further submitted that the petitioner was constrained to approach
this Court by filing a contempt petition. Though the charge sheet has now been
filed, no effective progress has been made in the trial. It is also stated that there
are three accused arrayed as A1 to A3. Out of them, A1 and A 3 are absconding.
Owing to their non-appearance, the case has been repeatedly adjourne d without
any substantial progress.
3. The learned Additional Public Prosecutor appearing for the
respondent submitted that the investigation has been completed, the charge
sheet has been filed before the learned Judicial Magistrate No.II, Alandur on
07.03.2026 against A1 to A3 and the same has been taken cognizance in
C.C.No.72 of 2026. He further submitted that A2 is regularly appearing before
the trial Court. Insofar as A1 and A3 are concerned, they are absconding and
steps have already been taken to secure their presence by issuance of summons.
In the event of their continued evasion, appropriate coercive steps would be
taken in accordance with law. The respondent police would ensure that the
accused are secured and produced before the trial Court at the earliest.
https://www.mhc.tn.gov.in/judis
CRL OP No. 8196 of 2026
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4. This Court has considered the submissions made on either side and
perused the materials available on record. It is seen that the final report has
already been filed and the case has been taken on file in C.C .No.72 of 2026.
The delay in progress of the trial appears to be on account of the non-
appearnace of A1 and A3, who are stated to be absconding. In such
circumstances, this Court is of the view that appropriate directions are required
to be issued to ensure the presence of the accused and for expeditious di sposal
of the case. The trial Court is empowered to take necessary coer cive steps,
including issuance of warrant, to secure the presence of the absconding accused.
5. Accordingly, the learned Judicial Magistrate No.II, Alandur, is
directed to take effective steps to secure the presence of A1 and A3 and
thereafter, proceed with the trial in accordance with law and dispose of the case
as expeditiously as possible.
6. With the above directions, this Criminal Original Petition is
disposed of.
06.04.2026
Index: Yes/No
VKR
https://www.mhc.tn.gov.in/judis
CRL OP No. 8196 of 2026
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M.NIRMAL KUMAR, J.
VKR
To
1.The Judicial Magistrate No.II, Alandur.
2.The The Inspector of Police(Crime),
S7, Madipakkam Police Station,
Chennai.
3.The Public Prosecutor,
High Court of Madras.
CRL OP No. 8196 of 2026
06.04.2026
https://www.mhc.tn.gov.in/judis