Saroja v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated 06.12.2018

CORAM

THE HONOURABLE MR.JUSTICE B.PUGALENDHI Crl. OP. No.23485 of 2010 Saroja ..Petitioner / 2nd Accused Vs.

1. The State Rep. by the Inspector of Police, W2 All Women Police Station, Triplicane, Chennai - 2 .. Respondent / Complainant

2. B.Meena ..Respondent/Defacto Complainant Prayer:

This petition is filed under Section 482 of Criminal Procedure Code to call for records and quash the proceedings in CC No.6073 of 2006 on the file of Chief Metropolitan Magistrate, Egmore against the petitioner.

For Petitioner : No appearance For Respondents: Mr.T.Shunmuga Rajeswaran Government Advocate (Criminal Side) for R1 Mr.S.M.Muralidharan for R2 ---------

ORDER

This petition is filed by the petitioner to quash the proceedings pending against her in C.C.No.6073 of 2006 on the file of the learned Chief Metropolitan Magistrate Court, Egmore, Chennai. The 1st respondent has filed the final report as against this petitioner and two other persons for the offence punishable under Sections 417, 406, 506 (ii), 326, 498(A) of IPC and under section 4 of Tamil Nadu prevention of Harrasment of Women Act, 2002.

2.

When the case was listed before this Court on 28.11.2018, 03.12.2018 and 05.12.2018, there was no representation for the petitioner. This Criminal Original Petition is of the year 2010 and the papers were also misplaced in the Registry.

https://hcservices.ecourts.gov.in/hcservices/

3. The learned counsel appearing for the respondent appeared and also reconstructed the papers on 05.12.2018. Since there was no representation for the petitioner, the case was directed to be listed today under the caption for dismissal.

4. Even today, there is no representation on behalf of the petitioner.

5. The learned counsel appearing for the respondent submitted that the trial has commenced and PW1 was examined by Chief in the presence of accused for nearly four days and the trial is also in progress.

6. Under these circumstances, this Court is of the view that no purpose would be served in keeping this petition pending and therefore, the same is accordingly, dismissed. Considering the fact that the calendar case is pending right from the year 2006, without there being any interim orders of this Court, the learned Chief Metropolitan Magistrate is directed to expedite and conclude the trial within a period of four months from the date of receipt of copy of this order.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar rka/gk To 1.The Chief Metropolitan Magistrate Court, Egmore, Chennai.

2.Inspector of Police, W2 All Women Police Station, Triplicane, Chennai.

3.The Public Prosecutor, High Court of Madras.

+1cc to Mr.S.M.Muralidharan, Advocate, S.R.No.84239 Crl.O.P.No.23485 of 2010 RSV(CO) RRS(29/07/2019) https://hcservices.ecourts.gov.in/hcservices/