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Madras High CourtCRL OP(MD)/14054/2017allowed

Josephin Nithya v. The Inspector Of Police

2017-10-23Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.10.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL.O.P.(MD).No.14054 of 2017 Josephin Nithya . . Petitioner/Defacto Complainant Vs.

1. The Inspector of Police, All Women Police Station(South), Madurai City.

(Crime No.14 of 2011) . . 1st Respondent/Complainant

2. S.Arokiadoss

3. A.Soosaikannu

4. S.Veronikal

5. S.Loordhumary

6. C.Paulraj

7. Maria Anthony .. Respondents/Accused Nos.1 to 6 Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to issue a direction directing the learned Additional Mahila Court, Madurai, to dispose the case pending before the same in C.C.No.205 of 2014 in Crime No.14 of 2011 on the file of the first respondent police station within the time stipulated by this Court.

For Petitioner : Mr.M.S.Suresh Kumar For R-1 : Mr.K.S.Durai Pandiyan, Additional Public Prosecutor.

ORDER

This Criminal Original petition is filed for issuing a direction to the learned Additional Mahila Judge, Madurai, to dispose the case in C.C.No.205 of 2014 in Crime No.14 of 2011 on the file of the first respondent police station within the time stipulated by this Court.

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

3. It appears that the complaint was lodged some time back and after filing of Charge Sheet, the case was taken on file in C.C.No.139 of 2011 by the learned Judicial Magistrate No.I, https://hcservices.ecourts.gov.in/hcservices/

Madurai. It was also stated that the case has been transferred to the file of the learned Additional Mahila Judge, Madurai in C.C. No.205 of 2014. Stating that the respondents 2 to 7 who are accused Nos.1 to 6 have deliberately dragged on the case, the petitioner has come forward with this petition.

4. From 'B' Diary extract, it is seen that the matter is pending for more than three years, without any progress due to the non-cooperation of the accused.

5. Having regard to the nature of the allegations and the conduct of the accused, this Court is inclined to issue the following direction:- "The learned Additional Mahila Judge, Madurai, is directed to expedite the trial in C.C.No.205 of 2014 and to dispose of the same as expeditiously as possible, preferably, within a period of six months from the date of receipt of a copy of this order. Discharge petition which is now pending before the trial Court shall be concluded within a period of two months from the date of receipt of a copy of this order."

6. The Criminal Original petition is allowed, accordingly. Sd/- Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar To 1.The Additional Mahila Judge, Madurai.

2.The Inspector of Police, All Women Police Station(South), Madurai City.

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

+1cc to M/S.M.S.Suresh Kumar, Advocate SR.No. 83107 Crl.O.P.(MD).No.14054 of 2017 23.10.2017 pmu JM/SV MMS/SAR 1/30.10.2017/2P/5C https://hcservices.ecourts.gov.in/hcservices/