Madras High CourtCRL OP(MD)/21388/2015ordered

O.Gandhi v. The Inspector Of Police

2015-11-06Honourable Mr Justice S. Vaidyanathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.11.2015

CORAM

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN Crl.O.P.(MD)No.21388 of 2015 O.Gandhi ... Petitioner -VsState Rep. by The Inspector of Police, Karimedu Police Station, Karimedu, Madurai.

... Respondent PRAYER: Petition filed under Section 482 of the Code of Criminal Procedure, praying to issue a direction to the Additional Mahila Court (Magistrate level), Madurai to commit the case in P.R.C.No.13/2014 in pursuant to the Crime No.1083/2013 on the file of respondent police to the Mahila Court (Sessions level), Madurai within a stipulated time fixed by this Hon'ble Court. For Petitioners : Mr.M.SENDHILKUMAR For Respondent : Mr.A.P.Balasubramani Government Advocate (Crl. side)

ORDER

The petitioner has come forward with this petition, praying to issue a direction to the Additional Mahila Court (Magistrate level), Madurai to commit the case in P.R.C.No.13/2014 in pursuant to the Crime No.1083/2013 on the file of respondent police to the Mahila Court (Sessions level), Madurai within a stipulated time fixed by this Hon'ble Court.

2. The learned counsel appearing for the petitioner would submit that though the matter is pending from 16.06.2014, no progress have been made to commit the case in P.R.C.No.13 of 2014.

3. I have heard the learned counsel appearing on either side and perused the materials available on record.

4. Whether the case should result in committal or not this Court cannot decide and it is for the Magistrate to decide the issue, based on merits of the matter. Since the matter is pending before the Additional Mahila Court (Magistrate Level), Madurai in P.R.C.No.13 of 2014, for more than one year, this Court directs the Additional Mahila Court (Magistrate Level), Madurai, to decide the P.R.C.No.13 of 2014, as expeditiously as possible. The concerned Court, in case of committal of the case, is directed to conduct the case on day-to-day basis and dispose of https://hcservices.ecourts.gov.in/hcservices/

the same as expeditiously as possible, considering the pendency of the case for one year. It is made clear that the case should not be adjourned beyond three working days at any point of time.

5. With the above direction, the Criminal Original Petition is disposed of.

Sd/- Assistant Registrar /TRUE COPY/ Sub Assistant Registrar srm To 1.The Additional Mahila Court (Magistrate Level), Madurai. 2.The Mahila Court (Sessions Level), Madurai. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

4. The Inspector of Police, Karimedu Police Station, Karimedu, Madurai +1cc to MR.M.SENDHILKUMAR, ADVOCATE, SR NO:65219 JAM/11.12.15/PM/2P-6C Crl.O.P.(MD)No.21388 of 2015 06.11.2015 https://hcservices.ecourts.gov.in/hcservices/