Madras High CourtCRL OP(MD)/9468/2019disposed of

Subashini v. The Sub - Inspector Of Police,

2019-07-04Honourable Mr Justice V. Bharathidasan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.07.2019

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Crl.O.P.(MD)Nos.9468 and 9469 of 2019 Subashini ... Petitioner in both petitions Vs.

1.State through The Sub Inspector of Police, All Women Police Station, Madurai Town. [Crime No.25/2013] ..1st Respondent in Both cases 2.Kamala 3.Vimala 4.Megala 5.Janarthanan 6.Karthick Babu 7.Kishorilala Babu 8.Gayathri 9.Achuthalal Babu 10.Umadevi ...2 to 10th Respondents in Crl.O.P.(MD)No.9468 of 2019 2.Rishikeshlal Babu ..2nd Respondents in Crl.O.P.(MD)No.9469 of 2019 COMMON PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the 6th Additional District Judge, Madurai in C.A.Nos.3 and 4 of 2018, respectively to expedite the trial proceedings within stipulated period.

For Petitioner : Mr.M.Venkatesan For R1 : Mr.K.Suyambuliga Bharathi Government Advocate (Crl.Side) (in both petitions)

COMMON ORDER The present petitions have been filed seeking a direction to the learned 6th Additional District Judge, Madurai to expedite the trial in C.A.Nos.3 and 4 of 2018 and complete the same.

2. Earlier based on the complaint given by the petitioner a case in Crime No.25 of 2013 has been registered for the offence under Section 4 of Tamil Nadu Prevention of Women Harassment Act. After completing the investigation, the respondent police laid charge sheet before the learned Judicial magistrate, Additional Mahila Court, Madurai and the same was taken cognizance and pending in C.C.No.478 of 2014 for the offence under Sections 417, 294(b), 506(i) and Section 4 of Tamil Nadu Prevention of Women Harassment Act. The trial Court after analyzing the materials on record has convicted the first accused and acquitted the other accused.

3. Against the order of acquittal of some of the accused, the petitioner has preferred an appeal in C.A.No.3 of 2018 and to enhance the sentence in respect of the convicted accused she preferred another appeal in C.A.No.4 of 2018 before the learned Principal District and Sessions Judge, Madurai and both the appeals were transferred to 6th Additional District Judge, Madurai and now pending. It is further submitted that the appeals are pending from the year 2018, and also listed for final hearing, but the appeals are not heard and disposed of so far. Hence, the petitioner has filed the present petitions to expedite the hearing in the appeals filed by the petitioners.

4. Today, when the matter is taken up for hearing, the learned Government Advocate (Crl.Side), on instructions, would submit that now both appeals have been posted for arguments on 09.07.2019

5. Considering the fact that the appeals are posted for arguments on 09.07.2019, the learned 6th Additional District Judge, Madurai is directed to expedite the hearing in the appeals in C.A.Nos.3 and 4 of 2018 and dispose of the same within a period of two months from the date of receipt of a copy of this order.

6. With the above direction, these Criminal Original Petitions are disposed of.

Sd/- Assistant Registrar (AD-I) / True Copy / Sub Assistant Registrar(CS- )

ta To 1.The 6th Additional District Judge, Madurai 2.The Sub Inspector of Police, All Women Police Station, Madurai Town.

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

+2 CCs to M/s.M.VENKATESAN,Advocate(SR-73325[F] dated 04/07/2019 ) Crl.O.P.(MD)Nos.9468 and 9469 of 2019 ES/18.07.2019/3P/6C