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Madras High CourtCRL OP/4260/2024disposed of

Mahalakshmi v. State Rep By

2024-02-23Honourable Mr Justice N. Anand Venkatesh6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21-07-2025

CORAM

THE HONOURABLE MR JUSTICE P. VELMURUGAN MAHALAKSHMI W/o.Jebamani No.23,Sivaraj 3rd Street, Puzhal, Chennai-600 066 Petitioner Vs

1. State Rep By Inspector Of Police M-3, Puzhal Police Station, Puzhal, Chennai 2.Kumaran @ Kumaravel S/o.Selvaraj No.35, Sivaraj 3rd Stret, Puzhal, Chennai 3.Arunagiri @mani S/o.Ethiraj, No.1/308, Tirutanni Road, R.K.Pet Taluk, Tiruvallur District 4.PALANI S/o.Arumugam, No.1/310, S.V.Koil Street, Mathur, Tirutanni Taluk, Tiruvallur District 5.KALPANA W/o.Kumravel @ Kumaran No.35, Sivaraj 3rd Street, Puzhal, Chennai

6.S.Malar W/o.P.J.Selvaraj No.40, Sivaraj 3rd Street, Puzhal, Chennai 7.P.S.Sangeetha D/o.Selvaraj, No.40, Sivaraj 3rd Street, Puzhal, Chennai Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. to direct the IV Additional District and Sessions Judge, Ponneri to dispose of the case in S.C.No.66 of 2023 within a stipulated time.

For Petitioners : Mr.K.Balasubramaniam For 1st Respondent : Dr.C.E.Patap Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed to direct the IV Additional District and Sessions Judge, Ponneri, to dispose of the case in S.C.No.66 of 2023 within a stipulated time.

2. This Court while disposing of this case on 23.02.2024, had directed the learned Sessions Judge to complete the trial within a period of six months, as follows:

"3. Taking into consideration the facts and circumstances of the case, there shall be a direction to

the learned IV Additional District and Sessions Judge, Ponneri, to expedite the trial in S.C.No.66 of 2023 and complete the same, within a period of six months from the date of receipt of a copy of this order and report before this Court after completion of the trial."

3. Today, the matter is listed under the caption "For Extension of TimeLower Court" based on the letter sent by the learned IV Additional District & Sessions Judge, Thiruvallur at Ponneri.

4. It is seen from report of the learned Sessions Judge dated 18.07.2025 that, subsequent to the order of this Court dated 23.02.2024, some of the witnesses have been examined on the side of the prosecution and they have also been cross examined and when the case was posted on 10.07.2025 for examination of further prosecution witnesses, L.W.25/Investigating Officer remained absent and due to the non appearance of the Investigating Officer, the case is pending for trial. Even though this Court passed the order as early as on 23.02.2024 directing the learned trial Judge to dispose of the case in S.C.No.66 of 2023 within a period of six months from the date of receipt of a copy of this order, due to non co-operation of the investigating agency in producing the

witnesses before the Court for examination, the case is pending and the order of this Court could not be complied with. Now the learned trial Judge is seeking extension of time to dispose of the case.

5. Therefore, the trial Court is directed to issue Non Bailable Warrant against the Investigating Officer concerned and the Superintendent of Police concerned is directed to execute the Non Bailable Warrant and produce the Investigating Officer concerned before the trial Court for examination and on his appearance, the trial Court is directed to complete the examination of the Investigating Officer forthwith without any further delay.

6. Further, three months time is extended from today to the trial Court and the learned Sessions Judge is directed to complete the trial and dispose of the case within a period of three months from today (21.07.2025). 21-07-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes ksa-2 Note: Issue order copy on 21.07.2025.

To

1. The IV Additional District and Sessions Judge, Ponneri

2. The Inspector Of Police M-3, Puzhal Police Station, Puzhal, Chennai

3. The Public Prosecutor High Court of Madras, Chennai

P.VELMURUGAN,J.

ksa-2 21-07-2025