Ponnammal v. State Rep.By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P.NO.3560 OF 2022 Ponnammal ... Petitioner .Vs.

The State Rep. by its, The Inspector of Police, N-2, Karamadai Police Station, Karamadai, Coimbatore District, C.C.No.45 of 2017 ... Respondent PRAYER:- Criminal Original Petition filed under Section 482 Cr.P.C. to direct the learned Judicial Magistrate at Mettupalayam, Coimbatore District to complete the trial in C.C.No.45 of 2017 expeditiously within a time frame fixed by this Court. For Petitioner :

Mr.L.Sunil For Respondent :

Mr.A.Gokulakrishnan Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to direct the learned Judicial Magistrate at Mettupalayam, Coimbatore District to complete the trial in C.C.No.45 of 2017 expeditiously within a time frame fixed by this Court.

2. The learned counsel for the Petitioner would submit that the Petitioner is a nonagenarian, on the complaint given by her in respect of forgery, a case in Crime No.60/2012 was registered by the Respondent on 02.03.2012 for the offences under Sections 406, 420, 468 of IPC. Though the case was registered in the year 2012, investigation was completed and final report filed only on 07.02.2017, after about five years. Thereafter, case was taken on file in C.C.No.45 of 2017 on the file of learned

Judicial Magistrate, Mettupalayam, Coimbatore District. Since thereafter, there is no progress in the trial, the present Petition has been filed seeking for speedy disposal of C.C.No.45 of 2017, pending on the file of learned Judicial Magistrate, Mettupalayam, Coimbatore.

3. Learned counsel for the Petitioner would further submit that due to the inordinate delay the Petitioner put to great hardship and her sons, who are LW2 and 3 have also passed away.

4. Learned Additional Public Prosecutor would submit that the case was registered in the year 2012 and the matter is relating to forgery, investigation was completed in the year 2017. There are three accused and 11 witnesses in the case and as of now, the case was posted for appearance of accused before the trial Court on 28.03.2022.

5. Heard the parties and perused the materials available on record.

6. Considering the fact and circumstances of the case, the Respondent is directed to take effective steps to serve the summons on the accused and to ensure that they are appear before the trial Court on 28.03.2022. Taking into consideration the age of the victim/defacto complainant, the learned Judicial Magistrate, Mettupalayam, Coimbatore District is directed to complete the trial in C.C.No.45 of 2017 as expeditiously as possible, preferably within a period of six months from 28.03.2022.

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

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar shk/sai To 1.

The Judicial Magistrate at Mettupalayam, Coimbatore District.

2.

The Inspector of Police, N-2, Karamadai Police Station, Karamadai, Coimbatore District,

3.

The Public Prosecutor, Madras High Court, Madras.

+1cc to Mr.L.Sunil, Advocate, S.R.No.11366 CRL.O.P.NO.3560 OF 2022 MT(CO) PBS/17/03/2022