Madras High CourtCRL OP/377/2023disposed of

J.Srividhya v. State Rep.By

2023-01-06Honourable Mr Justice G. Chandrasekharan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.01.2023

CORAM

THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN J.Srividhya ... Petitioner Vs.

1.State rep by The Inspector of Police, W8, All Women Police Station, Thirumangalam, Chennai 2.A.Kalaiselvan 3.Prakasam ... Respondents PRAYER : This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the Court below to dispose of the trial of the Sessions case made in S.C.No.36 of 2018 on the file of the Sessions Judge Special Court for exclusive trial of cases under POCSO Act, Chennai within the time that may be fixed by this Hon'ble Court.

For Petitioner : Ms.D.Kamatchi For Respondents : Mr.S.Santhosh, Government Advocate (crl.side) 1/5

ORDER

This Criminal Original Petition has been filed to direct the Court below to dispose of the trial of the Sessions case made in S.C.No.36 of 2018 on the file of the Sessions Judge Special Court for exclusive trial of cases under POCSO Act, Chennai within the time that may be fixed by this Hon'ble Court.

2. The learned counsel for the petitioner submitted that examination of PW1 is over and the case is pending for examination of the defence side witnesses. However, it is further submitted that the accused is dragging the proceedings by filing frivolous petitions before the trial Court for recalling the witnesses, eschewing child witnesses and this case is pending from the year 2013. Therefore, this petition.

3. The learned Government Advocate (Criminal side) submitted that the case is pending for examining the defence side witnesses and posted for hearing on 10.01.2023.

4. Heard the learned counsel for the petitioner and the learned Government Advocate (crl.side) for the respondent. 2/5

5. From the submissions made by the learned counsel for the both sides that now the case is pending for defence side witnesses, this Court directs the learned trial Judge to expedite the examination of defence side witnesses and dispose of the case as early as possible, within a period of three months from the date of receipt of copy of this order. If any frivolous application is filed, that may be suitably decided on merits and in accordance with law by the learned trial Judge.

6. With the above directions, this Criminal Original Petition is disposed of.

06.01.2023 nsa 3/5

To 1.The Inspector of Police, W8, All Women Police Station, Thirumangalam, Chennai

2. The Public Prosecutor, High Court of Madras.

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G.CHANDRASEKHARAN ,J.

nsa 06.01.2023 5/5