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Madras High CourtCRL OP(MD)/10763/2017allowed

Usharani v. The Inspector Of Police

2017-08-17Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL.O.P.(MD)No.10763 of 2017 Usharani ... Petitioner/Defacto Complainant -VsState represented through, The Inspector of Police, All Women Police Station(A.W.P.S.), Theni, Theni District.

(Crime No.2 of 2015) ... Respondent/Complainant PRAYER: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the Judicial Magistrate Court, Theni, to proceed the case in C.C.No.112 of 2016 on the file of the Judicial Magistrate Court, Theni, expeditiously and to dispose the case within a time frame fixed by this Court. For Petitioner : Mr.R.Karunanidhi For Respondent : Mr.K.Anbarasan, Government Advocate(Crl. Side).

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O R D E R

This Criminal Original petition is filed seeking a direction to the learned Judicial Magistrate, Theni, to proceed the case in C.C.No.112 of 2016 on the file of the Judicial Magistrate Court, Theni expeditiously and to dispose the case within a time frame fixed by this Court.

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

3. The learned counsel for the petitioner stated that a complaint was registered in Crime No.2 of 2015, dated 11.01.2015, under Sections 498(A), 406, 495, 109, 202 of I.P.C., r/w Section 4 of Dowry Prohibition Act. He further submitted that though the charge sheet was filed and taken on file in the year 2016, there https://hcservices.ecourts.gov.in/hcservices/

was no progress in the case. It is also stated that long adjournments have been granted by the lower Court.

4. The learned Government Advocate(Criminal Side) also admitted that some of the witnesses have been examined and the case can be completed within a reasonable period.

5. Taking into account the overall circumstances, this court is inclined to pass the following direction:- " The learned Judicial Magistrate, Theni, is directed to complete the trial and to dispose of the case in C.C. No.112 of 2016 as expeditiously as possible, preferably, within a period of six months from the date of receipt of a copy of this order."

6. Accordingly, the Criminal Original petition is allowed. Sd/- Assistant Registrar(Crl side) /True Copy/ Sub Assistant Registrar To

1. The Judicial Magistrate, Theni.

2.-do- The Chief Judicial Magistrate, Theni.

3. The Inspector of Police, All Women Police Station(A.W.P.S.), Theni, Theni District.

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

+1 cc to Mr.R.Karunanidhi , Advocate in SR.No. 72793 pmu AE/MR KKR/SAR1/28.08.2017/2P/6C CRL.O.P.(MD)No.10763 of 2017 17.08.2017 https://hcservices.ecourts.gov.in/hcservices/