R.Amutha v. Kannan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 01.08.2025 Coram:

THE HONOURABLE MR.JUSTICE P.VELMURUGAN Crl.M.P.Nos.14774 & 14775 of 2025 in Crl.O.P.Nos.6978 & 6971 of 2025 -- R.Amutha .. Petitioner in both Crl.M.Ps'

Vs.

Kannan .. Respondent in both Crl.M.Ps'

Criminal Original Petitions filed under Section 528 of BNSS, to extend the time limit fixed by this Court in Crl.O.P.Nos.6978 & 6971 of 2025, dated 15.04.2025 to the learned Fast Track Judicial Magistrate, Nagapattinam, with regard to the disposal of the case in S.T.C.Nos.20 of 2021 & 29 of 2022. For petitioner in both Crl.O.Ps : Mr.R.Anand For respondent in both Crl.O.Ps : Mr.J.Ram 1 / 5

COMMON ORDER These petitions have been filed by the petitioner seeking extension of the time granted by this Court vide order dated 15.04.2025 in Crl.O.P.Nos.6971 and 6978 of 2025 for disposal of the cases in S.T.C.Nos.29 of 2022 and 20 of 2021 respectively, pending on the file of the learned Fast Track Judicial Magistrate, Nagapattinam.

2. The petitioner submits that due to the non-availability of certain vital documentary evidence specifically travel particulars stamped in the passport by the Immigration Department she was unable to produce the same before the trial court. The petitioner has made efforts under the Right to Information Act to obtain these documents, but the requests have been denied, and a writ petition seeking to set aside the denial order is currently pending before this Court.

3. The learned Trial Magistrate has proceeded with the trial and declined the petitioner's request for adjournment in view of the time limit fixed by this Court for the completion of the trial.

4. Considering the above circumstances and the pendency of the writ petition which is likely to produce material evidence in support of the petitioner's defence, this Court is of the opinion that the petitioner deserves an opportunity to procure and produce such evidence before the trial court. 2 / 5

5. Accordingly, this Court grants an extension of one month from the date of receipt of this order to the petitioner to obtain the said documents and produce the same before the learned Fast Track Judicial Magistrate, Nagapattinam for further proceedings. The learned Judicial Magistrate is directed to consider such documents, if produced, and proceed with the trial thereafter.

6. With the above observations, the petitions are allowed. 01.08.2025 r n s Index : Yes/No Speaking Order : Yes/No 3 / 5

To The Fast Track Judicial Magistrate, Nagapattinam. 4 / 5

P.VELMURUGAN, J r n s Crl.M.P.Nos.14774 & 14775 of 2025 in Crl.O.P.Nos.6978 & 6971 of 2025 01.08.2025 5 / 5