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Madras High CourtCRL OP(MD)/5625/2021dismissed for nonprosecution

Jagabar Ali v. The Inspector Of Police

2023-06-20Honourable Mr Justice K.K. Ramakrishnan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.06.2023

CORAM:

THE HONOURABLE MR. JUSTICE K.K.RAMAKRISHNAN Crl.O.P.(MD) No.5625 of 2021 1.Jagabar Ali ...1st Petitioner/Accused No.1 2.Jagabar Natchiyar ... 2nd Petitioner/Accused No.2 Vs.

1.The Inspector of Police, All Women Police Station, Golden Rock, Trichy.

2.Parveen Begam ...2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 407 of Cr.P.C., to transfer the case in C.C.No.658 of 2020 pending on the file of the learned Judicial Magistrate Court cum Additional Mahila Court, Trichy, to some other Court in Nagapattinam District. For Petitioners : No Appearance For R1 : Mr.M.Muthumanikkam Government Advocate (Crl.Side) For R2 : No Appearance

ORDER

This petition has been filed to transfer the case in C.C.No.658 of 2020 pending on the file of the learned Judicial Magistrate Court cum Additional Mahila Court, Trichy, to some other Court in Nagapattinam District.

2.In this case, the petitioners are the accused in Crime No.22 of 2018 on the file of the first respondent police. On receipt of the complaint received from the second respondent, the first respondent police registered a case in Crime No.22 of 2018 for the offences under Sections 498A , 506(i) of IPC and Dowry Prohibition Act, 1961. After completion of investigation, final report was filed before the Judicial Magistrate Court cum Additional Mahila Court, Trichy, and the same was taken on file in C.C.No.658 of 2020. Since the final report is of the year 2020, the petitioners/accused No.1 and 2 have filed the present petition before this Court seeking transfer the case in C.C.No.658 of 2020 pending on the file of the Judicial Magistrate Court cum Additional Mahila Court, Trichy, to some other Court in Nagapattinam District.

3.When the matter was taken up for hearing on 14.06.2023, this Court did not find any merit in the petition and about to dismiss the same. At that time, the learned counsel for the petitioners sought for short accommodation for making further submission. Hence, the case was posted today (20.06.2023) under the caption 'for orders'. 4.Even though, when the matter is taken up for hearing today, there is no representation on behalf of the petitioner. Hence, the Criminal Original Petition is dismissed for non-prosecution with a direction to the Judicial Magistrate Court cum Additional Mahila Court, Trichy, to complete the trial in C.C.No.658 of 2020 within a period of six months from the date of receipt of a copy of this order. 20.06.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No dss

K.K.RAMAKRISHNAN, J.

dss To 1.The Judicial Magistrate Court cum Additional Mahila Court, Trichy.

2.The Inspector of Police, All Women Police Station, Golden Rock, Trichy.

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

Crl.O.P.(MD) No.5625 of 2021 20.06.2023