T.Anitha v. Sivaprasath

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.06.2024

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN in Crl.O.P(MD)No.709 of 2022 T.Anitha ... Petitioner / Petitioner Vs.

1.Sivaprasath, Superintendent of Police, Madurai District, 2.Madhana Kala, Inspector of Police, Saptur Police Station, Madurai District.

(Crime No.101 of 2019) 3.Rajendran, Additional Deputy Superintendent of Police, Investigation Unit for Crime against Women Wing (IUCAW), Office of the Superintendent of Police, 1/6

Alagarkovil Road, 4.The Director, Forensic Sciences Department, Forensic House, 30-A, Kamarajar Salai, Mylapore, Chennai - 600 004.

(R.4 is suo motu impleaded vide order of this Court dated 18.04.2024) ... Contemnors/ Respondents PRAYER: Petition filed under Section 11 of the Contempt of Courts Act, to punish the third respondent herein, for deliberate violation of the orders passed in Crl.O.P.(MD) No. 709 of 2022, dated 25.01.2022. For Petitioner : Mr.K.R.Laxman For Respondent : Mr.A.Albert James Government Advocate (Criminal Side) for R.1 to R.3 Mr.K.Balasubramani Special Government Pleader for R.4

ORDER

When the matter was taken up for hearing, the learned Government Advocate submitted that a positive final report has been filed before the learned Judicial Magistrate No.1, Madurai on 23.05.2024. The next 2/6

hearing date is 24.06.2024. Even though the accused / Thiru.Pachaiyappan is not before this Court, direction is issued to him to be present in person before the committal Magistrate on 24.06.2024. On the same day, the committal proceedings shall be concluded. It is stated that the case will be ultimately made over to the Additional Sessions Court cum Mahila Court, Madurai. These formalities will be complied with within a period of four weeks from the date when the committal order is made. Subject to the rights of the accused, every endeavour shall be made to conclude the prosecution as expeditiously as possible. It is seen that a very grave offence was committed against womenfolk. Even though the occurrence occurred on 03.07.2019, it has taken five years to file final report. It is truly a shameful state of affairs. It is expected that atleast henceforth the prosecution process will be expedited. 2.The Investigation Officer is directed to cause service of this order to the accused so that he shall be positively present before the committal Court on 24.06.2024.

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3.This Contempt Petition is closed accordingly. 05.06.2024 Index : Yes / No Internet : Yes/ No NCC : Yes / No MGA Note: Issue order copy on 07.06.2024.

To 1.The Superintendent of Police, Madurai District, 2.The Inspector of Police, Saptur Police Station, Madurai District.

3.The Additional Deputy Superintendent of Police, Investigation Unit for Crime against Women Wing (IUCAW), Office of the Superintendent of Police, Alagarkovil Road, 4.The Director, Forensic Sciences Department, Forensic House, 30-A, Kamarajar Salai, Mylapore, Chennai - 600 004.

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Copy to 1.The Additional Sessions Court cum Mahila Court, Madurai. 2.The Judicial Magistrate No.1, Madurai.

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G.R.SWAMINATHAN, J.

MGA in Crl.O.P(MD)No.709 of 2022 05.06.2024 6/6