Madras High CourtCRL OP/6212/2016ordered

M.Kalaiselvi v. The Inspector Of Police

2017-01-10Honourable Mr Justice R. Mahadevan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.01.2017

CORAM

THE HONOURABLE MR. JUSTICE R.MAHADEVAN Crl.O.P.No.6212 of 2016 M.Kalaiselvi ... Petitioner Vs The Inspector of Police, City Crime Branch, Coimbatore District.

... Respondent Criminal Original Petition filed under Section 482 Cr.P.C. to direct the Judicial Magistrate Court No.5, Coimbatore in CC No.157 of 2004 to conclude the trial within the prescribed time limit fixed by this Court.

For Petitioner :

Mr.N.Stalin For Respondent :

Mr.C.Emalias, APP

ORDER

This Criminal Original Petition has been filed seeking a direction to the learned Judicial Magistrate No.5, Coimbatore to conclude the trial in CC No.157 of 2004 within the prescribed time limit fixed by this Court.

2. The case of the petitioner is that she is an employee of Indian Bank, Dr.Nanjappa Road, Coimbatore Branch. The petitioner, who is arrayed as A7, is facing trial along with other accused, in CC No.157 of 2004 on the file of the learned Judicial Magistrate No.5, Coimbatore, for the alleged offences punishable under sections 120(B), 408, 467 and 477 IPC. Though the said case was taken up on file in 2004, till date, the trial has not completed, for want of witnesses. According to the petitioner, the prosecution is deliberately delaying the proceedings by not producing the witnesses. Therefore, she is before this Court with the present petition for the aforesaid relief.

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3. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor, who took notice for the respondent.

4. Considering the facts and circumstances of the case and taking note of the fact that the criminal case is of the year 2004, this Court directs the learned Judicial Magistrate No.5, Coimbatore to complete the trial and dispose of the case in CC No.157 of 2004 as expeditiously as possible, preferably, within a period of six months from the date of receipt of a copy of this order.

5. Accordingly, the Criminal Original Petition is ordered.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar rk To 1.The Judicial Magistrate No.5, Coimbatore.

2.The Inspector of Police, City Crime Branch, Coimbatore District.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.Stalin, Advocate, S.R.No.3175 SK(CO) RS(15/02/2017) Crl.O.P.No.6212 of 2016 https://hcservices.ecourts.gov.in/hcservices/