Madras High CourtCRL OP(MD)/3540/2017ordered

P.Maheswari v. The Sub Inspector Of Police

2017-03-27Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.03.2017

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH CRL.O.P.(MD)No.3540 of 2017 P.Maheswari : Petitioner/Defacto Complainant -VsState represented by The Sub Inspector of Police, All Women Police Station, Samayanallur, in Cr.No.7 of 2014, Madurai District.

: Respondent/Complainant PRAYER: Petition is filed under Section 482 of the Criminal Procedure Code to expedite the trial in C.C.No.34 of 2016 on the file of the learned Judicial Magistrate Additional Mahila Court, Madurai, Madurai District, on day to day basis within the stipulated time limit.

For Petitioner : Mr.A.Prasanna Rajadurai for Mr.S.Muthalraj For Respondent : Mr.K.Anbarasan, Government Advocate (Crl.side) **********

O R D E R

On the complaint lodged by the petitioner, the respondent police registered a case in Cr.No.7 of 2014 and after completing the investigation, has filed a charge sheet in C.C.No.34 of 2016, before the Mahila Court, Magisterial legel, Madurai for the offences under Sections 494 and 498(A) I.P.C. against three accused, out of which, the first accused - the husband of the petitioner died. At this juncture, the petitioner is before this Court for a direction to the trial Court to expedite and complete the trial.

2. Ms.V.Umadevi, Sub-Inspector of Police, All Women Police Station, Samayanallur, Madurai District is present before this Court. On instructions, the learned learned Government Advocate (Criminal side) appearing for the respondent submitted that the accused have filed discharge petition under Section 239 Cr.P.C., for discharging them from the prosecution and in view of the same, the trial Court is not able to take up the trial. https://hcservices.ecourts.gov.in/hcservices/

3. Recording the same, the trial Court is directed to dispose of the discharge application within a period of one month from the

date of receipt of a copy of this order and in the event of the accused not being discharged, the trial Court shall proceed with the trial expeditiously, after passing final orders in the discharge application.

4. With the above directions, this Criminal Original Petition is ordered accordingly.

Sd/- Assistant Registrar (AS) /True copy/ Sub Assistant Registrar To 1.The Judicial Magistrate, Additional Mahila Court, Madurai.

2.The Sub Inspector of Police, All Women Police Station, Samayanallur, Madurai District.

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

+1 CC to M/s.NA.PALANIYANDI, Advocate, SR No. 18022 SSL/PSD PSM/SV-MMS/SAR3/17.04.2017/2P/5C CRL.O.P.(MD) No.3540 of 2017 27.03.2017 https://hcservices.ecourts.gov.in/hcservices/