Madras High CourtCRL OP/9690/2024disposed of

K.Saravanan v. The Inspector Of Police

2024-04-22Honourable Mr Justice M.Dhandapani5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.04.2024

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI K.Saravanan .. Petitioner Vs.

1. The State represented by the Inspector of Police, All Women Police Station, Vellore, Vellore District.

2. D.Agilandeeswari .. Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure Code, seeking a direction to the Learned Judicial Magistrate (Additional Mahila) Court, Vellore, Vellore District to conclude the trial in CC No.726/2019 within the time that may be stipulated by this Honourable Court.

For Petitioner : Mr.T.Dharani For respondent : Mr.K.M.D.Muhilan, Government Advocate (Crl.Side) for R1

ORDER

This Criminal Original Petition has been filed seeking to direct the learned Judicial Magistrate (Additional Mahila) Court, Vellore, Vellore District to conclude the trial in CC No.726/2019 within the time that may be stipulated by this Court.

2. It is the case of the prosecution that due to a matrimonial dispute between the petitioner and the 2nd respondent who is the wife of the petitioner, the 2nd respondent lodged a complaint against the petitioner before the Superintendent of Police, Vellore District alleging dowry harassment pursuant to which, a case was registered against the petitioner in Crime No.15/2015, for the alleged offences u/s 498A, 406, 294(b), 506(2) of IPC and 4 of DP Act. After conducting investigation, charge sheet was filed before the learned Judicial Magistrate-V, Vellore in C.C.No.426/2015 which was subsequently transferred to the file of Judicial Magistrate (Additional Mahila) Court, Vellore, Vellore District and renumbered as C.C.No.726/2019. Though the said charge sheet was filed in

the year 2015 and re-numbered in the year 2019, however, till date, the trial has not been concluded. Hence the present petition.

3. Learned counsel for the petitioner submitted that inspite of the charge sheet having been filed in the year 2016, till date, the trial has not been concluded due to non-cooperation of the 2nd respondent, however, the petitioner is ready to co-operate with the trial. Hence, this Court may issue a direction to the trial court to conclude the trial pending in C.C.No.726/2019 within the time that may be stipulated by this Court by complying with the provisions prescribed under section 309 of Cr.P.C.

4. Learned Government Advocate appearing for the 1st Respondent submitted that the trial will be concluded within the time frame that may be stipulated by this Court by strictly adhering the provisions of Section 309 of Cr.P.C.

5. In view of the limited relief sought for by the petitioner, this Court, without expressing any opinion on the merits of the case, is inclined to issue a direction to the trial court to conclude the trial in C.C.No.726/2019 pending on the file of the learned Judicial Magistrate (Additional Mahila) Court, Vellore, Vellore District, by strictly complying with the provisions prescribed under section 309 of Cr.P.C within a period of six months from the date of receipt of a copy of this order and the prosecution and accused are directed to extend their cooperation for expeditious conslusion of the trial.

6. Accordingly, this Criminal Original Petition stands disposed of with the above direction.

22.04.2024 NHS To The Inspector of Police, All Women Police Station, Vellore, Vellore District.

M.DHANDAPANI, J.

NHS 22.04.2024