P.Kuppusamy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.04.2017

CORAM

THE HON'BLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD) No.2666 of 2017 P.Kuppusamy ... Petitioner/Sole Accused -vsThe State of Tamil Nadu reprsented by its Inspector of Police, All Women Police Station, Srirangam, Trichy District (Crime No.4 of 2016) ... Respondent/Complainant Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the Judicial Magistrate/Additional Mahila Court, Tiruchirappalli to dispose C.C.No.90 of 2016 as expeditiously as possible within a reasonable time period to be fixed by this Court.

For Petitioner : Mr.N.Dilipkumar For Respondents : Mr.A.P.Balasubramani Government Advocate (Crl. side) *****

O R D E R

This petition has been filed for a direction to the Judicial Magistrate/Additional Mahila Court, Tiruchirappalli to dispose C.C.No.90 of 2016 as expeditiously as possible within a reasonable time period to be fixed by this Court.

2. Heard the learned counsel for the petitioner and the learned Government Advocate for the respondents.

3. On 10.03.2017, this Court passed the following order: "The petitioner is facing prosecution in C.C.No.90 of 2016 before the learned Judicial Magistrate (Additional Mahila Court), Tiruchirappalli, for offences under Sections 498(A), 406, 294(b), 323 and 506(ii) of the Indian Penal Code r/w Section 4 of Women Harassment Act.

2. It is the case of the petitioner that he was working abroad and on account of this case, he is constrained to stay back for the completion of the case and, therefore, he has filed the present petition for a direction to the Trial Court to complete the trial in a time bound manner.

3. Heard Mr.N.Dilip Kumar, learned counsel for the petitioner and Mr.K.Anbarasan, learned Government Advocate (Criminal side) for the respondent.

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4. M/s.Santhira, Head Constable, All Women Police Station, Srirangam, Trichy District, is present in Court today. On instructions, the learned Government Advocate (Criminal side) submitted that the charges have been framed in C.C.No.90 of 2016 and Gokila Rani (P.W.1) and Govindan (P.W.2) were examined in chief on 19.01.2017. But the petitioner/accused had not chosen to cross-examine the two witnesses.

5. In view of the above, this Court cannot issue a direction as prayed for by the petitioner at this juncture. However, Mr.N.Dilip Kumar, learned counsel for the petitioner submitted that the petitioner is ready to cross-examine two witnesses and show his bona fide.

6. Recording the submission, the respondent police is directed to produce Gokila Rani (P.W.1) and Govindan (P.W.2) before the Trial Court on the next hearing date, viz., 28.03.2017 and on that date, the petitioner shall cross-examine both the witnesses and report to this Court on 05.04.2017.

7. Call this matter on 05.04.2017 "for orders".

4. The learned Government Advocate, on instructions, submitted that the petitioners have complied with the order by cross examining Gokila Rani (P.W.1) and Govindan (P.W.2).

5. In view of the above, this Court directs the Judicial Magistrate, (Additional Mahila Court), Tiruchirappalli to dispose of C.C.No.90/2016 within a period of eight months from the date of receipt of a copy of this order, provided, the petitioner cooperates with the trial by cross examining the witnesses on the day, when they are examined in chief, without adopting any dilatory tactics.

With the above direction, this petition is disposed of. Sd/- Assistant Registrar(CSI) /True Copy/ Sub-Assistant Registrar To:

1.The Judicial Magistrate, Additional Mahila Court,Tiruchirappalli 2.The Inspector of Police, All Women Police Station, Srirangam, Trichy District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+One cc to Mr.N.Dilip Kumar, Advocate, SR.No.50250 RR RL/5C/2P/SKN/RSK/SAR2/7.4.2017 Crl.O.P.(MD)No.2666 of 2017 https://hcservices.ecourts.gov.in/hcservices/ 05.04.2017