Madras High CourtCRL OP/3648/2018disposed of

Lakshmi, Aged 37 Years, v. Vanitha, Aged 54 Years,

2019-02-11Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.02.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.3648 of 2018 Lakshmi ... Petitioner Vs.

Vanitha

...Respondent

PRAYER:

Criminal Original Petition filed under Section 482 Cr.P.C. praying to set aside the order made in Crl.M.P.No.3926 of 2017 in STC No.1125 of 2015 dated 22.09.2017 on the file of Judicial Magistrate No.I, Krishnagiri.

For Petitioner : Mr.M.Balaji

ORDER

This petition has been filed to set aside the order made in Crl.M.P.No.3926 of 2017 in STC No.1125 of 2015 dated 22.09.2017 on the file of Judicial Magistrate No.I, Krishnagiri thereby allowing the petition filed under Section 311 Cr.P.C. by the respondent / accused to cross examine the complainant witnesses on the cost of Rs.750/- payable to the petitioner.

2. The learned counsel for the petitioner would submit that only in order to drag on the proceedings, the respondent had filed the said petition as such the petitioner has filed this petition to set aside the order passed in the above petition on 22.09.2017.

3. It is seen that the petitioner has filed this petition on the ground that the respondent is trying to drag on the proceedings, but two years has been lapsed after the said order, and after filing of this Criminal Original Petition, the entire proceedings has been stalled, which also amounts to dragging on the proceedings. Hence, this Court is not inclined to entertain this petition, and also this Court finds no irregularity in the impugned order. However, considering the case is of the year 2015, the learned Judicial Magistrate No.I, Krishnagiri is directed to complete the trial proceedings in S.T.C.No.1125 of https://hcservices.ecourts.gov.in/hcservices/

2015 within a period of three months from the date of receipt of a copy of this Order.

4. With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (CS-III) //True Copy// Sub Assistant Registrar pds/lok To 1.The learned Judicial Magistrate No.I, Krishnagiri.

2.Do Thro Chief Judicial Magistrate, Krishnagiri.

+1cc to Mr.M.Balaji, Advocate, S.R.No. 12267 Crl.O.P.No.3648 of 2018 WRL(CO) GN(06/03/2019) https://hcservices.ecourts.gov.in/hcservices/