The Madurai Bench of the Madras High Court dismissed a criminal revision petition filed by Duraisamy of Thanjavur district who challenged the sentence awarded by a trial court, after taking note of the fact that he was trying to prolong the proceedings instead of cooperating.
The petitioner sought setting aside of the judgment delivered by Thanjavur Principal Sessions Court in 2016. The court confirmed the judgment of the Judicial Magistrate, Thanjavur, delivered in 2013.
The petitioner was sentenced for the offences under Section 279 (Rash driving or riding on a public way) and 304 A (Causing death by negligence) of the Indian Penal Code. He filed the revision petition in 2017, challenging the trial court judgement.
Justice Sathi Kumar Sukumara Kurup took into account the fact that in at least four hearings before the High Court there was no representation for the petitioner. The revision petition was filed in 2017 and by now the case ought to have been disposed of, the judge said.
The Constitution guaranteed its citizens the Right to Speedy Trial. Having got convicted, the petitioner was indulging in activities against the principles of speedy trial. The petitioner wanted to protract the proceedings, which could not be encouraged, the court said.
The court directed the Judicial Magistrate, Thanjavur, to execute the warrant of conviction and remand the petitioner to undergo the sentence awarded to him.
