Madras High CourtCRL OP(MD)/2770/2020disposed of

N. Natchiyappan v. The Inspector Of Police

2020-02-17Honourable Mr Justice A.D.Jagadish Chandira3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.02.2020

CORAM:

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.(MD).No.2770 of 2020 1.N.Natchiyappan 2.N.Sagunthala ..Petitioners Vs.

The Inspector of Police, All Women Police Station, Karaikudi, Sivagangai District.

(Crime No.22 of 2016) ... 1st Respondent/Complainant

2. Lavanya @ Vallikannu ... 2nd Respondent/Defacto Complainant PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to direct the learned Principal District Munsif Cum Judicial Magistrate, Karaikudi in C.C.No.414 of 2016 to complete the trial expeditiously within a time frame as fixed by this Court.

For Petitioners : Mr.R.Mathiyalagan For Respondent : Mr.S.Chandrasekar Additional Public Prosecutor

O R D E R

This petition has been filed seeking direction to the learned Principal District Munsif Cum Judicial Magistrate, Karaikudi in C.C.No.414 of 2016 to complete the trial expeditiously within a time frame as fixed by this Court. 2.The learned counsel appearing for the petitioners would submit that the petitioners are A1 and A2 facing trial in C.C.No.414 of 2016, pending on the file of the Principal District Munsif Cum Judicial Magistrate, Karaikudi for the offences under Sections 498(A), 294(b), 406 of IPC and Sections 3 and 4 of Dowry Prohibition Act, and Section 4 of TamilNadu Prohibition of Womens 1/3

Harassment Act. On the complaint given by the second respondent, a case in Crime No.22 of 2016 has been registered by the first respondent. Thereafter, investigation has been completed and charge sheet has also been filed and the same was taken on file in C.C.No.414 of 2016 on the file of the Principal District Munsif Cum Judicial Magistrate, Karaikudi and the charges were framed against the petitioners on 19.06.2017 and thereafter the learned Magistrate had issued summons to L.W.1 to L.W.3 and the case was posted for evidence on 04.09.2017. He would further submit that till date the respondent has not served summons on the witnesses and that the case is pending. He would further submit that there are matrimonial dispute pending between the petitioner and the second respondent in H.M.O.P.No.

85 of 2017 on the file of the Sub Court, Devakottai and divorce has also been granted. Thereafter, the parties have also entered into settlement agreement before the Lok Adalat. Hence, a direction may be issued to the trial Court to complete the trial within a stipulated time. 3.At this juncture, the learned Additional Public Prosecutor appearing for the first respondent would submit that totally there are six witnesses in this case and that they are relatives. He would further submit that now the case stands posted on 06.03.2020 for appearance of L.W.1 to L.W.3. 4.Taking into consideration the facts and circumstances of the case, the learned Principal District Munsif Cum Judicial Magistrate, Karaikudi is directed to dispose the case in C.C.No.414 of 2016 as expeditiously as possible, preferably, within a period of three months from 06.

03.2020.

1.The Principal District Munsif Cum Judicial Magistrate, Karaikudi.

2.The Inspector of Police, All Women Police Station, Karaikudi, Sivagangai District.

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

+1 CC to M/s.R.MATHIYALAGAN, Advocate ( SR-6668[F] dated 17/02/2020 ) Crl.O.P.(MD).No.2770 of 2020 17.02.2020 SVN(CO) TR(18.02.2020)3P 5C 3/3