Madras High CourtCRL OP/4786/2017ordered

Parthiba, F/A 28 Yrs, v. The Inspector Of Police,

2017-03-15Honourable Mr Justice R. Mahadevan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.03.2017

CORAM

THE HONOURABLE MR. JUSTICE R.MAHADEVAN Crl.O.P.No.4786 of 2017 Prathiba

...Petitioner

Vs The Inspector of Police, W35, All Women Police Station, Tambaram, Chennai - 600 045.

...Respondent

Criminal Original Petition filed under Section 482 Cr.P.C. to direct the learned Mahila Court, Chengelpet to dispose of the case in SC No.84 of 2016 to complete the trial within a stipulated time as fixed by this Court. For Petitioner : Mr.S.Sairaman For Respondent : Mr.C.Emalias, APP

ORDER

This Criminal Original Petition has been filed seeking a direction to the Mahila Court, Chengelpet to complete the trial of the case in SC No.84 of 2016 and dispose of the same within a stipulated time as fixed by this Court.

2. The case of the petitioner is that as against one Mageshkumar, she has lodged a complaint before the respondent police, who, in turn, registered the same as FIR in Crime No.30 of 2015 for the offence punishable under Section 376 IPC. After completion of investigation, charge sheet was filed before the Jurisdictional Magistrate Court and the same was also taken on file as PRC No.14/2016. Thereafter, the case was committed to the Mahila Court, Chengalpet, Kancheepuram District and renumbered as SC No.84 of 2016, which is pending trial. According to the petitioner, due to failure of the respondent police to produce all the witnesses, the trial has not been commenced so far. Hence, this petition.

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3. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor, who took notice for the respondent.

4. Considering the facts and circumstances of the case, this Court directs the Mahila Court, Chengalpet, Kancheepuram District to fix the trial of the case in SC No.84 of 2016 on 06.04.2017 and 07.04.2017 and examine all the witnesses concerned and thereafter, dispose of the same on merits and in accordance with law, as expeditiously as possible, preferably, within a period of four months therefrom.

5. Accordingly, the Criminal Original Petition is disposed of.

Sd/- Asst.Registrar (CO) /true copy/ Sub Asst. Registrar To 1.The Mahila Court, Chengalpet, Kancheepuram District. 2.The Inspector of Police, W35, All Women Police Station, Tambaram, Chennai - 600 045.

3.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.4786 of 2017 KJ(CO) VR(20/03/2017) https://hcservices.ecourts.gov.in/hcservices/