Jayaraj v. State

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.01.2020

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN Crl.R.C.No.1512 of 2019 Jayaraj ... Petitioner/Petitioner VsState represented by the Station House Officer, All Women Police Station, Villianur.

Through Public Prosecutor Puducherry.

(Cr.No.2 of 2014) ... Respondent/Complainant Prayer: Criminal Revision filed under Section 397 and 401 of the Code of Criminal Procedure, against order dated 16.04.2019 passed in Crl.MP.No.28 of 2019 in Criminal Appeal No.42/2018 on the file of the III Additional Sessions Judge, Puducherry. For Petitioner : Mr.V.Raghavachari For Respondent : Mr.Bharath Chakaravarthy, Public Prosecutor (Pondy)

ORDER

According to the petitioner, he was charged under sections 417, 420, 509, 506(i) IPC r/w 34 IPC in CC No.76 of 2015 on the file of the learned Chief Judicial Magistrate, Puducherry. Vide judgement dated 13.07.2018, the trial Court convicted the petitioner for the offences under Sections 417 and 420 IPC and acquitted him from the charges under Sections 509 and 506(i) IPC; and sentenced him to undergo simple imprisonment for one year for the offence under Section 417 IPC and to undergo simple imprisonment for two years in respect of the offence under Section 420 IPC and also to pay a fine of Rs.5,000/-, in default to undergo simple imprisonment for six months. Aggrieved over the same, the petitioner preferred an appeal in CA.No.42 of 2018 before the III Additional Sessions Judge, Puducherry. Pending the same, the petitioner filed a petition in Crl.MP.No.28 of 2019 seeking an order of interim stay in respect of the conviction and sentence imposed by the trial Court. The said petition was dismissed vide order dated 16.04.2019, which https://hcservices.ecourts.gov.in/hcservices/

is impugned herein.

2.Today, when the matter was taken up for consideration, the learned counsel for the petitioner submitted that it would suffice, if a direction is given to the appellate Court for early disposal of the appeal filed by the petitioner. 3.The learned Public Prosecutor (Pondy) appearing for the respondent has no objection in granting such relief to the petitioner.

4.Considering the facts and circumstances of the case and having regard to the submissions now made by the learned counsel on either side, this Court directs the learned III Additional Sessions Judge, Puducherry to expedite the trial and dispose of the appeal in CA.No.42/2018 pending on his file, on merits and in accordance with law, as expeditiously as possible, preferably, within a period of three months from the date of receipt of a copy of this order.

5.With the above direction, this criminal revision is disposed of.

Sd/- Assistant Registrar (CS-III) //True Copy// Sub Assistant Registrar rk To

1. The Station House Officer, All Women Police Station, Villianur, Puducherry.

2.The III Additional/Sessions Judge, Puducherry.

+1cc to The Public Prosecutor, Advocate, S.R.No. 912 Crl.R.C.No.1512 of 2019 SJ(CO) GN(05/02/2020) https://hcservices.ecourts.gov.in/hcservices/