Madras High CourtCRL OP(MD)/13805/2017allowed

Muthu Erulayee, v. The Inspector Of Police,

2017-10-12Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.10.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL.OP.(MD)No.13805 of 2017 Muthu Erulayee ... Petitioner/Complainant Vs.

The State through, The Inspector of Police, All Women Police Station, Manamadurai, Sivagangai District.

(Crime No.11 of 2015) ... Respondent/Complainant PRAYER: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the learned Judicial Magistrate, Manamadurai, to expedite trial within one month time in C.C.No.220 of 2015 on the file of the learned Judicial Magistrate, Manamadurai. For Petitioner : Mr.R.Manoharan For Respondent : Mr.K.S.Durai Pandiyan, Additional Public Prosecutor.

O R D E R

This Criminal Original petition is filed for issuing a direction to the learned Judicial Magistrate, Manamadurai, to expedite trial within one month time in C.C.No.220 of 2015 on the file of the learned Judicial Magistrate, Manamadurai.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for respondent.

3. It is not in dispute that the petitioner as defacto complainant has preferred a complaint and a case was registered in Crime No.11 of 2015 for the alleged offences under Sections 498(A), 294(b), 406, 506(ii) of I.P.C.,/494 r/w 109 of I.P.C. After filing of the Charge Sheet, the case was also taken on file in C.C.No.220 of 2015 before the learned Judicial Magistrate, Manamadurai.

4. The grievance of the petitioner is that she is a woman and no one is there to take care of her.

5. Having regard to the peculiar facts and circumstances of the https://hcservices.ecourts.gov.in/hcservices/

case and the fact that some of the witnesses were already examined, this Court is inclined to pass the following direction:- " The learned Judicial Magistrate, Manamadurai, is directed to complete the trial and to dispose of the criminal case in C.C.No.220 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, accordingly. Sd/- Assistant Registrar (Writs) /True Copy/ Sub Assistant Registrar To

1. The Judicial Magistrate, Manamadurai.

2. The Inspector of Police, All Women Police Station, Manamadurai, Sivagangai District.

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

+ 1 CC TO Mr.R.MANOHARAN, ADVOCATE IN SR No. 82521 PMU TE/KK/SAR-2 : 31/10/2017 : 2P/5C CRL.OP.(MD)No.13805 of 2017 12.10.2017 https://hcservices.ecourts.gov.in/hcservices/