Madras High CourtCRL OP(MD)/11308/2017allowed

Mahesh Malathi v. The Inspector Of Police

2017-08-29Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:29.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL.O.P.(MD)No.11308 of 2017 Mahesh Malathi ... Petitioner/Defacto Complainant -VsThe Inspector of Police, All Women Police Station, Vadamadurai, Dindigul District.

(Crime No.21 of 2014) ... Respondent/Complainant PRAYER: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to issue suitable direction to the trial Court for speedy disposal of the case in C.C.No.46 of 2015 on the file of the learned District Munsif cum Judicial Magistrate, Vedasandur, to dispose the case on day to day basis within stipulated time.

For Petitioner : Mr.D.Selvaraj For Respondent : Mr.K.Anbarasan, Government Advocate(Crl. Side).

O R D E R

This Criminal Original petition is filed seeking a direction to the learned District Munsif cum Judicial Magistrate, Vedasandur, for speedy disposal of the case in C.C.No.46 of 2015.

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

3. On the basis of the complaint lodged by the petitioner, it is stated that a case was registered in Crime No.21 of 2014 on the file of the respondent police and Charge Sheet was filed for the offences under Section 498(A), 506(i) I.P.C., r/w 109 I.P.C., and Section 4 of TNPWH Act. It is further stated that though the case was taken on file in C.C.No.46 of 2015 by the learned District Munsif cum Judicial Magistrate, Vedasandur, due to non cohttps://hcservices.ecourts.gov.in/hcservices/

operation of the respondent, there was a delay in disposal of the case.

4. It appears that the petitioner who is the wife lodged a complaint as against her husband and others who are the members of the petitioner's husband's family. It is also admitted that the petitioner's husband serves in Army. In the said circumstances, this Court is of the view that there can be a direction to dispose of the case in C.C.No.46 of 2015.

5. Considering the nature of the case and the facts narrated above, this Court is inclined to pass the following direction:- "The learned District Munsif cum Judicial Magistrate, Vedasandur, is directed to complete the trial and dispose of the case in C.C.No.46 of 2015 as expeditiously as possible, preferably, within a period of six months from the date of receipt of a copy of this order."

6. The Criminal Original petition is allowed, as indicated above.

Sd/- Assistant Registrar (CS-III) /True Copy/ Sub Assistant Registrar To

1. The Inspector of Police, All Women Police Station, Vadamadurai, Dindigul District.

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

+ 1 CC TO Mr.D.SELVARAJ, ADVOCATE IN SR No. 75146 PMU TE/KK/SAR-II : 11/09/2017 : 2P/4C CRL.O.P.(MD)No.11308 of 2017 29.08.2017 https://hcservices.ecourts.gov.in/hcservices/