H.Nifras Afreen v. The State Rep.By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.10.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.16264 of 2021 H.Nirfas Afreen ... Petitioner/De facto Complainant

Versus

The State rep. by The Inspector of Police, All Women Police Station - Tiruvarur.

(Crime No.13 of 2019) ... Respondent PRAYER: This Criminal Original Petition has been filed under Section 482 Cr.P.C. to direct the learned Judicial MagistrateII, Mannargudi to dispose the case in CC.No.422 of 2020 within stipulated period.

For Petitioner : Mr.M.Mohamed Saifulla For Respondent : Mr.R.Vinothraja, Government Advocate (Crl.side)

ORDER

(This case has been heard through video conference) The petitioner/defacto complainant in Crime No.13 of 2019, the case was registered, charge sheet filed and the case was taken on file in C.C.No.422 of 2020 for offenses under Section 294(b), 352, 506(ii) of IPC and Section 4 of Tamil Nadu Prohibition of Women Harassment Act and Section 4 and 6 of Dowry Prohibition Act, 1961 filed this petition.

2. The learned counsel appearing for petitioner would submit that there are totally five accused in this case and they are filing one petition or other petitions and successfully dragging the proceedings. Though the final report was made ready on 13.03.2020, the trial court is yet commence the trial. The

petitioner made several representations to the respondent police and the respondent police not taking proper steps. Hence, she filed the above petition.

3. The learned Government Advocate (Criminal Side) appearing for the respondent would submit that in this case, F.I.R. was registered on 23.07.2019, investigated and final report made ready on 13.03.2020. Listing of L.W.1. to L.W.12 and the respondent police is ready to produce the witnesses before the Trial Court without any delay and to complete the trial preferably within a period of six months.

4. The learned counsel appearing for petitioner would submit that the petitioner would file necessary petitions, including the petition assisting prosecution before the trial court and monitor the progress of the investigation and see to that trial is concluded within a stipulated period.

5. In view of the same, the trial court is directed to complete the trial without any further delay within a period of six months from the date of receipt of copy of this order. This direction is necessitated finding that charge sheet taken on file in the year 2020, and the case is posted for hearing on 13.10.2021 for framing of charges.

6. With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar sp/rpp To 1.The Judicial Magistrate No.II, Mannargudi.

2.do - through The Chief Judicial Magistrate, Tiruvarur.

3.The Inspector of Police, All Women Police Station, Tiruvarur.

4.The Public Prosecutor, High Court, Madras.

+1cc to M/s.M.Mohamed Saifula, Advocate Sr No.52260 CRL.O.P.No.16264 of 2021 GP (CO) PR (22/10/2021)