Mahaveer Chand Kattariah v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.03.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.5932 of 2019 1.Mahaveer Chand Kattariah 2.Kousalya Bhai

...Petitioners/Accused 2 & 3

Vs.

The State rep. by its Inspector of Police All Women Police Station Villupuram Crime No.10 of 2006

...Respondent/Complainant

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C., 1973 to issue a direction directing the learned Judicial Magistrate-1, Villupuram to complete the trial in C.C.No.39 of 2007 within the time limit as expeditiously as possible that may be fixed by this Court.

For Petitioner : Mr.Nirmaleswar.T For Respondent : Mr.C.Raghavan Govt. Advocate(Crl. Side)

ORDER

This Criminal Original Petition has been filed by the petitioner under Section 482 Cr.P.C., to issue a direction directing the learned Judicial Magistrate-1, Villupuram to complete the trial in C.C.No.39 of 2007 within the time limit as expeditiously as possible that may be fixed by this Court. 2.The learned counsel for the petitioner would submit that a case was registered against the petitioner in Crime No.10 of 2006 by the respondent police for the offence under Section 498 (A) IPC. After completing the investigation, the respondent police filed a charge sheet and the case is pending before the learned Judicial Magistrate-1, Villupuram in C.C.No.39 of 2007. 3.The learned counsel would further submit that the case was numbered in the year 2007. The petitioners are aged persons and they are appearing before the trial court for the past 11 years and still now they are cooperating with the trial of the case https://hcservices.ecourts.gov.in/hcservices/

before the learned Judicial Magistrate-1, Villupuram. Both the defacto complainant and the respondent police are not showing any interest in the conduct of the trial and the petitioners are put to severe harassment for the past 11 years. Accordingly, prays for appropriate relief.

4.Considering the long pendency of the case, this Court is inclined to direct the learned Judicial Magistrate-1, Villupuram, to expedite the trial proceedings in C.C.No.39 of 2007 within a period of three months from the date of receipt of a copy of this order.

5.Accordingly, this Criminal Original petition stands disposed of.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar kas To 1.The Inspector of Police All Women Police Station Villupuram Crime No.10 of 2006 2.The Judicial Magistrate No.1 Villupuram 3.The Public Prosecutor, High Court of Madras,Madras.

+1cc to Mr.Nirmaleswar.T , Advocate sr.21896 Crl.O.P.No.5932 of 2019 mr(co) nr 05/04/2019 https://hcservices.ecourts.gov.in/hcservices/