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Madras High CourtCRL OP(MD)/5661/2023disposed of

Kalaiselvi v. The Inspector Of Police

2023-03-28Honourable Mr Justice G.Ilangovan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.03.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.5661 of 2023 and Crl.M.P(MD).No.4939 of 2023 Kalaiselvi

...Petitioner/Accused No.2

Vs.

1.State rep. by The Sub Inspector of Police, Amathur Police Station, Virudhunagar District.

(Crime No.11/2020) ... Respondent No.1/Complainant

2. Vijayalakshmi

...Respondent No.2/

Defacto complainant PRAYER: This Criminal Original Petition is filed under Section 482 Cr.P.C.,, to call for the records in the case in CC No.274/2020 on the file of Judicial Magistrate court No.II, Virudhunagar and quash the same. For Petitioner : Mr.M.Jothi Basu For Respondent : Mr.S.Manikandan Government Advocate (Crl. side)

ORDER

This Criminal Original Petition has been filed, invoking Section 1/5

482 Cr.P.C., seeking direction to the Judicial Magistrate court No.II, Virudhunagar to dispose of the CC No.274/2020 within a stipulated time as fixed by this Court.

2. The learned counsel appearing for the petitioner would submit that on the basis of the complaint given by the petitioner, FIR came to be registered in Crime No.11 of 2020 and the respondent police, after completing the investigation, has laid the final report and the case was taken on file in C.C.No.274 of 2020 and is pending on the file of the learned the Judicial Magistrate court No.II, Virudhunagar. He would further submit that the case is pending from 2020 without any progress. He further submitted that the personal appearance of the petitioner before the trial Court may be dispensed with.

3. The main grievance of the petitioner is that FIR was registered in the year 2020.

4. Considering the issue involved between the petitioner and the defacto complainant and others, there shall be a direction to the learned Judicial Magistrate court No.II, Virudhunagar, to complete the trial and 2/5

dispose of the case in C.C.No.274 of 2020 within a period of six months from the date of receipt of a copy of this order. Since the petitioner is a women, her personal appearance before the trial Court is dispensed with the following conditions:

The petitioner shall appear before the Judicial Magistrate No.II, Virudhunagar District within a period of 15 days from the date of receipt of a copy of this order and file an undertaking affidavit, by affixing her recent passport size photographs, to the effect that she will appear before the trial Court as and when required and must ensure her proper representation through Advocate."

5. With the above direction, this Criminal Original Petition stands disposed of. Consequently, the connected Miscellaneous Petition is closed.

28.03.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No trp 3/5

To

1. The Judicial Magistrate No.II, Virudhunagar.

2. The Sub Inspector of Police, Amathur Police Station, Virudhunagar District.

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

4/5

G.ILANGOVAN,J trp Order made in Crl.O.P.(MD)No.5661 of 2023 and Crl.M.P(MD).No.4939 of 2023 Dated : 28.03.2023 5/5