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Madras High CourtCRL OP(MD)/22563/2015disposed of

D. Vasantha Malliga v. The Commissioner Of Police

2015-11-30Honourable Mr Justice S. Vaidyanathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.11.2015

CORAM

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN Crl.O.P.(MD)No.22563 of 2015 D.Vasantha Malliga ... Petitioner -Vs1.The Commissioner of Police, City Police Commissioner Office, Madurai - 625 001.

2.The Assistant Commissioner of Police, All Women Police Station, Madurai City, Madurai - 625 001.

3.The Inspector of Police, All Women Police Station, Madurai City, Madurai - 625 001.

(Crime No.01 of 2014) ... Respondents PRAYER: Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the respondents 1 to 3 to take initiation to complete the trial in P.R.C.No.19 of 2014 pending before the learned Mahila Court (Magistrate Level) Madurai pending for committal and trial to be conducted by the learned Additional District and Sessions Judge (Communal Clashes Cases) Madurai within three months. For Petitioner : Mr.S.Radhakrishnan For Respondent : Mr.A.P.Balasubramani Govt.Advocate (Crl.side)

ORDER

The petitioner has come forward with this application, praying to direct the respondents 1 to 3 to take initiation to complete the trial in P.R.C.No.19 of 2014 pending before the learned Mahila Court (Magistrate Level) Madurai pending for committal and trial to be conducted by the learned Additional District and Sessions Judge (Communal Clashes Cases) Madurai within three months.

2. When the matter is taken up for hearing Mr.S.Radhakrishnan, counsel for the petitioner submitted that since there is no Presiding Officer, protest petition has not been filed.

3. Mr.A.P.Balasubramani, Government Advocate (crl.side) appearing for the respondents would submit that now the Presiding Officer is there.

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

5. Perusal of the records would reveal that already this Court, by an order dated 06.01.2015, in Crl.O.P.(MD)No.23096 of 2014, has passed an order and the relevant portion of the order reads as follows:- "3. Recording the submission of the learned Government Advocate (Crl.side) representing the respondents that pursuant to the investigation, charge sheet has been filed for the offences under Section 294(b) I.P.C., Section 4 of Tamil Nadu Prevention of Women Harassment Act and Section 3(1)(x) of SC/ST (Prevention of Atrocities) Act and pending committal in P.R.C.No.19 of 2014, the Criminal Original Petition stands closed.

4. In the circumstances, it is open to the petitioner to move by way of protest petition within one month from today, if such course is considered appropriate."

3. Since this Court has already passed an order on 06.01.2015, no further order is required to be passed. Hence, this Criminal Original Petition is closed. However, it is open to the petitioner to file protest petition within one month from today.

Sd/- Assistant Registrar (AE) /True copy/ Sub Assistant Registrar To

1. The Mahila Court (Magisterial Level) Madurai.

2.The Commissioner of Police, City Police Commissioner Office, Madurai - 625 001.

3.The Assistant Commissioner of Police, All Women Police Station, Madurai City, Madurai - 625 001.

4.The Inspector of Police, All Women Police Station, Madurai City, Madurai - 625 001.

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

+1 CC to Mr.S.Radhakrishnan, Advocate, SR No.68142 Crl.O.P.(MD)No.22563 of 2015

30.11.2015 SH/SKS-RR:04.12.2015:2P/7C