Pavithra v. S. Manoj @ Sarankumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.11.2025

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Pavithra

...Petitioner

Vs.

1.

S.Manoj @ Sarankumar 2.

The Inspector of Police, All Women Police Station, Perur, Coimbatore District.

Crime No.10 of 2023.

...Respondents

Criminal Original Petition filed under Section 528 of BNSS, 2023, to direct the learned Judicial Magistrate, Additional Mahila Court, Coimbatore, to expedite the trial in CC.No.1874 of 2023 within a time frame fixed by this Hon'ble Court.

1/9

For Petitioner : Mr.G.Pradeep For Respondents : Mr.K.M.D.Muhilan, APP, for R2

ORDER

This criminal original petition has been filed seeking to expedite the trial in CC.No.1874 of 2023, pending on the file of the Judicial Magistrate, Additional Mahila Court, Coimbatore.

2.Learned counsel for the petitioner submitted that, based on the complaint lodged by the petitioner/victim on 04.04.2023 against her husband, the 1 st respondent herein and her in-laws, an FIR came to be registered in Crime No.10 of 2024 for the offences under Sections 494, 498A and 506(1) of IPC and on conclusion of the investigation, the charge sheet filed on 03.05.2023 before the learned Judicial Magistrate, Additional 2/9

Mahila Court, Coimbatore, against three persons, listing 11 witnesses and the same taken on file in CC.No.1874 of 2023. The trial in this case is moving at snails pace. The petitioner is 100% visually challenged person. Taking advantage of the same, the petitioner's husband/A1 married one Annapoorani/LW8. A2 and A3, parents of A1 actively connived with A1 and abetted him to marry LW8. Learned counsel further submitted that, out of 11 witnesses, only LW1 to LW3 were examined so far. In fact, the petitioner was examined as PW1 during January 2024 and at that time, in her evidence, she had disclosed the fact of second marriage, cruelty and sufferings and she was criminally intimidated by all the accused persons. The second wife Annapoorani not made as accused but shown as witness LW8. After her evidence, appropriate petition under Section 319 of Cr.P.C. was filed. However, no orders passed till date. 3.Learned Additional Public Prosecutor appearing for the 2 nd 3/9

respondent submitted that on the petitioner's complaint, a case registered in Crime No.10 of 2024, on completion of investigation, charge sheet filed before the Judicial Magistrate, Additional Mahila Court, Coimbatore in CC.No.1874 of 2023. In the said charge sheet, 11 witnesses listed, LW8 is the 2 nd wife of A1 and even in the charge sheet, the husband's name of LW8 mentioned as Sarankumar, who is none other than the 1 st respondent herein/the husband of the petitioner. He further submitted that though the charges for the offence under Sections 494, 498A and 506(1) of IPC have been made, LW8 not made as co-accused and instead she has been shown as one of the witnesses i.e., LW8.

The learned Additional Public Prosecutor fairly submitted that he has already instructed the police officials to take appropriate corrective action in this regard and he would ensure that after the orders passed in Section 319 petition, appropriate steps will be taken. He submitted that due to various petitions filed by the petitioner, some delay caused and that the next hearing date is fixed on 16.12.

of LW5 to LW8 and in the mean time, he would instruct the respondent police to review the case and to take remedial action, if required. The endeavour of the police is to do justice to the victim, a visually challenged person and not to obviate her grievances.

4.Considering the above submissions and undertaking made by the learned Additional Public Prosecutor on instructions from the respondent Police that necessary and appropriate action would be taken, this Court directs the Deputy Superintendent of Police, AWPS, Perur Sub Division, Coimbatore District to review the case in CC.No.1874 of 2023, pending on the file of the Judicial Magistrate, Additional Mahila Court, Coimbatore and verify if any petition under Section 319 of Cr.P.C. is filed by the petitioner. If the same is pending, the Deputy Superintendent of Police, AWPS, Perur Sub Division, Coimbatore District to take steps in this regard and ensure that the case in CC.No.1874 of 2023 is disposed of as expeditiously as possible. 5/9

5.The Superintendent of Police, Coimbatore is directed to monitor the progress in the above case. Further, the learned Judicial Magistrate, Additional Mahila Court, Coimbatore shall expedite the trial in C.C.No.1874 of 2023 and dispose of the case, within a period of six months. 6.Registry is directed to mark a copy of this order to the Superintendent of Police, Coimbatore as well as the Deputy Superintendent of Police, AWPS, Perur Sub Division, Coimbatore District. 7.With the above directions, this criminal original petition stands disposed of.

24.11.2025 6/9

skt Index : Yes/No Speaking order : Yes/No NCC : Yes/No To:

1.

The Inspector of Police, All Women Police Station, Perur, Coimbatore District.

2.

The Judicial Magistrate, Additional Mahila Court, Coimbatore.

3.

The Public Prosecutor, Madras High Court.

4.

The Superintendent of Police, Coimbatore District.

5.

The Deputy Superintendent of Police, AWPS, Perur Sub Division, 7/9

Coimbatore District.

M.NIRMAL KUMAR, J.

skt 8/9

24.11.2025 9/9