Madras High Court refuses to discharge accused

Chennai: The Madras high court has upheld an order of a lower court which refused to discharge an accused from a murder case registered in 2009.

Justice P.Devadass disposed of the petition filed by the accused N.Madhu, which sought to set aside an order of Principal sessions judge (PSJ), Dharmapuri district, declining to discharge him from the case relating to the murder of one Veeramani on November 24, 2009 in Dharmapuri Town.

Disposing of another petition from the defacto complainant K. Ravi, the judge directed the PSJ to expeditiously dispose of the case preferably within four months.

Disposing of the petition from Madhu, the judge said now, in this case, two witnesses speak about the presence of the petitioner (who was the 18th accused in the case), when the conspiracy was hatched in a rice mill in Dharmapuri Town.

Another two witnesses speak about the presence of Madhu armed with deadly weapons at the scene of occurrence. Thus, there was a prima facie case against the petitioner. The order of dismissal of discharge petition by the trial court does not suffer from any illegality or propriety, the judge said.  

Disposing of the petition from Ravi, the judge said the de-facto complainant wants expeditious disposal of the case. "Right to speedy trial" and Right to speedy justice" has been now interpreted to include in Article 21 of the Constitution. It has become his fundamental right. The corresponding obligation was primarily fixed on the court. It was also on other stake holders namely prosecution side and defence side. The said right was not one way. Equally, the victim was also entitled to know the result of the case given by him. So also, the complainant, police and prosecution.

Quick disposal of a criminal case has the twin benefit of a guilty being punished or appropriately dealt quickly and an innocent was freed quickly, the judge said.