M.K.Priya (36 Yrs) v. The Assistant Commissioner Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.10.2016

CORAM:

THE HON'BLE MR. JUSTICE P.N. PRAKASH Crl. O.P. No.21935 of 2016 M.K. Priya Petitioner vs.

The Assistant Commissioner of Police Selaiyur Range Chennai The Inspector of Police (Crime) S.15 Selaiyur Police Station Chennai Respondents Crl.O.P. filed under Section 482, Cr.P.C. seeking to direct the Principal Sessions Judge, Chengalpattu, to conduct the trial pending before the Chengalpattu Sessions Court in S.C. No.187 of 2014 on dayto-day basis under the supervision of this Court. For petitioner Ms. N. Lalitha For respondents Mr. C. Emalias Addl. Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking to direct the Principal Sessions Judge, Chengalpattu, to conduct the trial pending before the Chengalpattu Sessions Court in S.C. No.187 of 2014, on a day-to-day basis ,under the supervision of this Court. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents. The petitioner is the de facto complainant. The petitioner's daughter Sruthi died in a school bus mishap, pursuant to which, the respondent police registered a case in Crime No.929 of 2012 and after completing the investigation, filed a final report before the jurisdictional Magistrate and the case is now pending in S.C. No.187 of 2014 before the Sessions Court, Chengalpattu. Now, the petitioner seeks a direction to the Trial Court to complete the trial in S.C.

No.187 of 2014, expeditiously Today, when the matter was taken up, the learned Additional Public Prosecutor submitted that on the complaint given by one of the accused in S.C.No.187 of 2014, viz., Dr. N. Vijayan, a fresh FIR has https://hcservices.ecourts.gov.

been registered in Cr.No.3596 of 2015 and pursuant to the directions of this Court vide dated 17.03.2016 passed in Crl.O.P. No.5932 of 2016 filed by the said Dr. N. Vijayan, investigation has been taken up by the police in Cr. No.3596 of 2015 and the outcome of the said investigation will have a bearingin S.C. No.187 of 2014. At this juncture, it is pertinent to point out that in the order dated 17.03.2016 referred to above, this Court had directed the respondent police to complete the investigation in Cr. No.3596 of 2015 and file a final report within a period of six months from the date of receipt of a copy of the order. The said period of six months had expired.

When this Court has already directed the respondent police to complete the investigation in Cr. No.3596 of 2015 within a period of six months, it may not be appropriate for this Court to issue a direction to the Trial Court to complete the trial in S.C. No.187 of 2014 in a time bound manner, as prayed for.

However, the second respondent police is directed to complete the investigation in Cr. No.3596 of 2015 as expeditiously as possible, at any rate, not later than three months, from the date of receipt of a copy of this order. Thereafter, the Trial Court is directed to complete the trial in S.C. No.187 of 2014, expeditiously. With the above directions, this Criminal Original Petition is disposed of.

-sd/- Assistant Registrar / TRUE COPY / Sub-Assistant Registrar cad To The Assistant Commissioner of Police Selaiyur Range Chennai The Inspector of Police (Crime) S.15 Selaiyur Police Station Chennai The Public Prosecutor Madras High Court Chennai 600 104 +1 cc to M/S.LALITHA Advocate SR.NO. 59046/2016 Crl. O.P. No.21935 of 2016 cnr[co] RD 12/11/2016 https://hcservices.ecourts.gov.in/hcservices/