Ramalakshmi v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :05.03.2025 CORAM :

THE HON'BLE MR.JUSTICE P. DHANABAL Ramalakshmi ... Petitioner Vs.

The State of Tamil Nadu, Represented by the Inspector of Police, Masarpatti Police Station, Thoothukudi District.

Crime No. 26 of 2015.

... Respondents Prayer : Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, to direct the learned District Munsif cum Judicial Magistrate, Vilathikulam to expedite the trial in C.C No. 294 of 2021 on the file of the learned District Munsif cum Judicial Magistrate, Vilathikulam.

For Petitioner : Mr.C.Senthil Murugan For Respondent : Mr.R.M.Anbunithi Additional Public Prosecutor (Crl. Side)

ORDER

This Criminal Original Petition has been filed by the petitioner to direct the learned District Munsif cum Judicial Magistrate, Vilathikulam to 1/4

expedite the trial in C.C No. 294 of 2021 on the file of the District Munsif cum Judicial Magistrate Court, Vilathikulam.

2. According tot he petitioner, he is the defacto complainant in this case and based on his complaint, a case in Crime No.26 of 2015 for the offences under Sections 419, 465, 467, 471 of IPC read with Section 34 of IPC and Under Section 120B read with 109 of IPC. Thereafter, the respondent police have filed the charge sheet and the trial has also taken cognizance in C.C.No.294 of 2021 and the same is pending without any trial for the past four years. Therefore, she has filed this petition.

3. The learned Additional Public Prosecutor (Criminal Side) appearing for the respondent police would submit that a case has been registered in Crime No.26 of 2015 as against five accused and one of the accused died and Non Bailable Warrant (NBW) is pending as against some accused. They will execute the NBW as early as possible and they will cooperate for the speedy disposal.

4. Since the case is pending for more than four years, this Court is inclined to direct the respondent police to execute the NBW within a period of one month from the date of this Order and thereafter, the learned District 2/4

Munsif cum Judicial Magistrate, Vilathikulam is directed to dispose of the case as early as possible without giving long adjournments beyond 15 days.

5. With the above said direction, this criminal original petition is allowed.

05.03.2025 NCC : Yes / No Index : Yes / No Internet : Yes Mac 3/4

P. DHANABAL , J., Mac To

1. The Inspector of Police, Masarpatti Police Station, Thoothukudi District.

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

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