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Madras High CourtCRL OP(MD)/2418/2025disposed of

Shanthi v. The State Of Tamil Nadu

2025-02-19Honourable Mr. Justice P.Dhanabal5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.02.2025

CORAM

THE HONOURABLE MR.JUSTICE P.DHANABAL Shanthi ... Petitioner Vs.

The Inspector of Police, District Crime Branch, Madurai District.

(Crime No.19 of 2020) ... Respondent Prayer : Criminal Original Petition filed under Section 528 of B.N.S.S., to direct the learned Judicial Magistrate No.I, Madurai to expedite and complete the proceedings in C.C.No.1226 of 2022 on the file of the same within a time frame that may be stipulated by this Court and pass such further or other orders as this Court.

For Petitioner : Mr.T.Veerakumar For Respondent : Mr.M.Sakthi Kumar Government Advocate (Crl. Side) 1/5

ORDER

This Criminal Original Petition has been filed by the petitioner to direct the learned Judicial Magistrate No.I, Madurai to expedite and complete the proceedings in C.C.No.1226 of 2022 on the file of the respondent police.

2. The learned Counsel appearing for the petitioner would submit that the petitioner is the de facto complainant and based on her complaint, FIR has been registered in Crime No.19 of 2020 for the offences under Sections 406, 420, 506(1) and 120 B of the Indian Penal Code, 1860 and thereafter, the respondent police conducted investigation and filed final report. Thereafter, the Trial Court had taken cognizance in C.C.No.1226 of 2022 but no trial has been commenced so far. Therefore, the present petition.

3. The learned Government Advocate (Crl. Side) appearing for the respondent would submit that already they filed the final report and the 2/5

case is taken on file in the year 2022 and there are two accused in this case. One of the accused is absconding and only A-1 alone appearing before the Trial Court. Therefore, the case is pending for further adjudication and they will cooperate for speedy disposal by producing the witnesses as directed by the Trial Court. This Court also sought for report from the concerned Magistrate and perused the report. As per the report, the case was taken on file in the year 2022 and pending for appearance of the accused. Out of two accused, A-1 alone appears and the case is posted for appearance of A-2.

4. Considering the limited scope of prayer sought for in this petition and also the long pendency of the case, this Court is inclined to direct the learned Judicial Magistrate No.I, Madurai to complete the trial. Accordingly, the learned Judicial Magistrate No.I, Madurai is directed to expedite the trial proceedings in C.C.No.1226 of 2022 without giving long adjournment and to dispose the case as early as possible.

5. With the above said direction, this Criminal Original Petition stands disposed of. Even if the one of the accused is not appeared, the 3/5

Trial Court is at liberty to take appropriate action to split up the case and proceed the case in accordance with law.

19.02.2025 NCC : Yes / No Index : Yes / No Internet : Yes BTR To 1.The Inspector of Police, District Crime Branch, Madurai District.

2.The Judicial Magistrate No.I, Madurai.

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

4/5

P.DHANABAL, J.

BTR 19.02.2025 5/5