K.Kathiravan v. Vasantha Devi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 23.03.2016

CORAM

THE HONOURABLE MR.JUSTICE T.MATHIVANAN Crl.OP.No. 6443 of 2016 1.K.Kathiravan 2.Hemalatha

...Petitioners/Accused 2 & 3

Vs.

1.Vasantha Devi 2.Ambika

...Respondents/Complainant & 1st Accused

Prayer:- Criminal Original Petition filed under Section 482 of Cr.P.C. praying to direct the Trial Judge viz., the learned Judicial Magistrate, Arcot to expedite the trial in C.C.No.168 of 2008 within a stipulated time fixed by this Court. For Petitioners:Ms.T.Aananthi

ORDER

This Criminal Original petition has been filed by the petitioners seeking for a direction to the Trial Judge viz., the learned Judicial Magistrate, Arcot, to expedite the trial in C.C.No.168 of 2008, within a stipulated time, which may be fixed by this Court.

2. The petitioners herein are the accused two and three in C.C.No.168 of 2008, whereas the first respondent is the complainant and the second respondent is the first accused in the said case.

3. The first respondent herein had filed a complaint under Section 200 Cr.P.C. as against the petitioners and the second respondent to punish them under Sections 423, 420 and 506(i) of I.P.C. The said Sections of law were taken cognizance of in C.C.No.168 of 2008, by the learned Judicial Magistrate, Arcot.

4. According to Ms.T.Aananthi, the learned counsel appearing for the petitioners, so far two witnesses were examined and thereafter no progress was shown in the above said case. Without assigning proper reason, the case was adjourned periodically and till date it was pending unnecessarily without any progress.

https://hcservices.ecourts.gov.in/hcservices/

5. The petitioners 1 and 2 being the accused two and three in C.C.No.168 of 2008, approached this Court with the present Petition, seeking for a direction to the learned Judicial Magistrate, Arcot to expedite the trial in C.C.No.168 of 2008, within a time frame which may be fixed by this Court.

6. This Court considered the submissions made by Ms.T.Aananthi, learned counsel appearing for the petitioners and perused the averments placed on record.

7. In view of the above, this Court finds that a direction could be issued to the learned Judicial Magistrate, Arcot to dispose of the case, which was taken on file in C.C.No.168 of 2008, within a time frame as it was pending from the year 2008 without any progress.

8. In the result, this Criminal Original Petition is disposed of with a direction to the learned Judicial Magistrate, Arcot to dispose of the case, which was taken on file in C.C.No.168 of 2008 within a period of three months from the date of receipt of a copy of this order without loss of further time. The fact of disposal shall be intimated by the learned Judicial Magistrate, Arcot to the Office of the Registry, without fail.

dn Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To 1.The learned Judicial Magistrate, Arcot.

2. The Public Prosecutor, High Court, Madras.

+ 1 cc to Ms.T.Aananthi, Advocate Sr 18565 KR/4/4/16 Crl.OP.No.6443 of 2016 https://hcservices.ecourts.gov.in/hcservices/