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Madras High CourtCRL OP(MD)/2190/2023disposed of

Kowsalya v. The Inspector Of Police

2023-02-03Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.02.2023

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR Kowsalya ... Petitioner Vs.

State represented by The Inspector of Police, All Women Police Station, Tuticorin, Tuticorin District.

(Crime No.14 of 2018) ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the learned Judicial Magistrate No.IV, Thoothukudi to expedite the trial and conclude the trial of the criminal case in C.C.No.323 of 2019 in Crime No.14 of 2018 on the file of the respondent police within the time stipulated by this Court. For Petitioner : Mr.V.Malaiyendran For Respondent : Mr.SS.Madhavan Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders to direct the learned Judicial Magistrate 1/4

No.IV, Thoothukudi to expedite the trial and conclude the trial of the criminal case in C.C.No.323 of 2019 in Crime No.14 of 2018 on the file of the respondent police within the time stipulated by this Court.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondent.

3. It is evident from the records that on the basis of the complaint given by the petitioner, FIR came to be registered in Crime No.14 of 2018 on 01.10.2018 and that the respondent, after completing the investigation, has laid the final report on 03.10.2018 before the jurisdictional Magistrate and the same was taken on file in C.C.No.323 of 2019 on the file of the learned Judicial Magistrate No.IV, Thoothukudi.

4. The main contention of the petitioner is that FIR was registered and the charge sheet has been filed in the year 2018 itself, but the fact remains that the case is pending from 2019 without any progress. The High Court has already issued Circulars to the District Judiciary directing 2/4

the Courts to give priority for the cases relating to the Senior Citizens, HIV affected persons, Defence personnel, women and children etc., The petitioner without approaching the trial Court has directly approached this Court. In the absence of total pending particulars and the work burden of that particular Court, this Court is not inclined to give any direction to dispose of the case within the specified period of time.

5. However, the trial Court is required to give priority to the cases, as per the Circulars of the High Court. The petitioner is at liberty to approach the trial Court and if such requisition for early disposal of the case is made, the learned trial Judge is directed to consider the same, in the light of the circulars issued by this Court.

6. With the above observation and direction, this Criminal Original Petition stands disposed of.

03.02.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No csm 3/4

K.MURALI SHANKAR,J.

csm To 1.The Judicial Magistrate No.IV, Thoothukudi.

2.The Inspector of Police, All Women Police Station, Tuticorin, Tuticorin District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Order made in Dated: 03.02.2023 4/4