Madras High CourtCRL OP(MD)/10638/2017allowed

Sebasthiraja v. S.Govindarajan

2017-09-08Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.09.2017 CORAM :

THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL. OP(MD)No.10638 of 2017 Sebasthiraja : Petitioner Vs.

1.S.Govindarajan : Petitioner 2.State through the Sub-Inspector of Police, Somanathapuram Police Station, Sivagangai District.

(Crime No.44 of 2012) : Respondent PRAYER: Criminal Original Petition is filed under Section 482 of the Criminal Procedure Code, to direct the learned District Judge, Sivagangai to complete the Criminal Appeal in C.A.No.21 of 2016 pending on the file of the learned District Judge, Sivagangai within time fixed by this Court.

For Petitioner : Mr.J.Anandkumar For R2 : Mr.K.Anbarasan, Government Advocate(Crl.Side).

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O R D E R

This Criminal Original Petition has been filed for directing the learned District Judge, Sivagangai to dispose of the Criminal Appeal in C.A.No.21 of 2016 pending on the file of the learned District Judge, Sivagangai within a time limit fixed by this Court.

2.Heard the learned Counsel appearing for the petitioner and the learned Government Advocate(Criminal side) appearing for the second respondent.

3.The learned Counsel for the petitioner submitted that based on the complaint given by the first respondent / the de-facto complainant, a case was registered in Cr.No.44 of 2012 on the file of the second respondent for the offences punishable under https://hcservices.ecourts.gov.in/hcservices/

Sections 294(b), 506(i) IPC and under Section 4 of Prevention of Women Harassment Act. After filing the charge sheet, the case was taken on the file by the learned Principal District Munsif-cumJudicial Magistrate, Karaikudi, in C.C.No.136 of 2013. After the trial, the petitioner was acquitted, by judgment dated 08.09.2015. 4.However, an appeal was stated to have been filed by the first respondent. The petitioner, who is the respondent in the appeal, has now come before this Court to direct the lower Court to dispose of the appeal in C.A.No.21 of 2016 within a specified time limit fixed by this Court.

5.Having regard to the nature of grievance expressed by the learned Counsel for the petitioner, this Court is inclined to pass the following direction:

"The learned District Judge, Sivagangai, is directed to dispose of the C.A.No.21 of 2016 within a period of three months from the date of receipt of a copy of this order".

6.With the above direction, this Criminal Original Petition is allowed.

Sd/- Assistant Registrar(P&A) /True Copy/ Sub Assistant Registrar To

1. The District Judge, Sivagangai.

2. The Sub-Inspector of Police, Somanathapuram Police Station, Sivagangai District.

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

+ 1 cc TO Mr.J.Anandkumar , Advocate in SR No. 77729 Is/cmr AE/KK/SAR2/13.10.2017/2P/5C CRL OP(MD)No.10638 of 2017 08.09.2017 https://hcservices.ecourts.gov.in/hcservices/