Madras High CourtCRL OP(MD)/3094/2017disposed of

S.Sesili,S/O.Santhiyagu, v. The Inspector Of Police,

2017-03-22Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.03.2017

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH CRL.O.P.(MD)No.3094 of 2017 S.Sesili : Petitioner/Defacto Complainant -Vs1.The Inspector of Police, E1, K.Pudur Police Station, Madurai District, Crime No.798 of 2012.

2.P.V.Susai : Respondents/Complainants/Accused PRAYER: Petition is filed under Section 482 of the Criminal Procedure Code praying to direct the first respondent to bring the prosecution witness to conduct the trial for speedy and fair trial within the stipulated time.

For Petitioner : Mr.M.Vivekanandan For Respondent No.1 : Mr.A.P.Balasubramani, Government Advocate (Crl.side) **********

O R D E R

On the complaint lodged by the petitioner, the first respondent police registered a case in Crime No.798 of 2012 and after completing the investigation, has filed a charge sheet in C.C.No.89 of 2014 against the second respondent for offences under Sections 294(b), 323, 324, 506(i) of the Indian Penal Code and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act. Under such circumstance, the petitioner is before this Court for a direction to the Trial Court to expeditiously complete the trial.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Criminal side) appearing for the first respondent.

3. Today, Mr.M.Kalimuthu, Special Sub-Inspector of Police, E1, K.Pudur Police Station, is present in Court.

4. The learned counsel for the petitioner and the learned Government Advocate (Criminal side) submitted that the accused has filed a discharge application in Crl.M.P.No.3806 of 2014 under Section 239 of the Code of Criminal Procedure and the same is pending.

https://hcservices.ecourts.gov.in/hcservices/

5. In view of the above, this Court directs the learned Judicial Magistrate No.VI, Madurai, to dispose of the discharge application expeditiously and in the event of the accused not being discharged, the trial shall be completed, within a period of six months thereafter, subject to, of course, any stay order granted by the High Court or Sessions Court, on any petition filed by the accused.

6. This Criminal Original Petition is disposed of with the above direction.

Sd/- Assistant Registrar(P&A) /True Copy/ Sub Assistant Registrar To 1 The Judicial Magistrate No.VI, Madurai.

2 -Do- thro' The Chief Judicial Magistrate, Madurai. 3.The Inspector of Police, E1, K.Pudur Police Station, Madurai District.

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

+1CC to M/S.M.Vivekanandan, Advocate, SR.No. 16762 Order made in CRL.O.P.(MD)No.3094 of 2017 Dated: 22.03.2017 SML AM/SV MMS/03.04.2017/2P/6C https://hcservices.ecourts.gov.in/hcservices/