Madras High CourtCRL OP(MD)/4894/2019disposed of

Amalorpavam, v. S.Thangapushpam,

2022-01-24Honourable Mr Justice K.Murali Shankar2 pages

CRL.OP(MD)No.4894 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.01.2022

CORAM:

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR CRL.OP(MD)No.4894 of 2019 and Crl.M.P(MD) Nos.3040 & 3041 of 2019 1.Amalorpavam

2. Murugeswari

3. Selvakumar ... Petitioners 1,2,3/ Accused 1,2,3 -vsS.Thangapushpam .... Respondent/Defacto Complainant PRAYER : Criminal Original Petition filed under Section 482 Cr.P.C, to call for the records pertaining to the complaint in C.C.No.13 of 2018, on the file of the learned Judicial Magistrate No.1, Thoothukudi, Thoothukudi District and quash the same. For Petitioners :

Mr.R.Ramachandran For Respondent :

Mr.I.David Ganesan

ORDER

The above Criminal Original Petition has been filed seeking orders to call for the records pertaining to the case in C.C.No.13 of 2018, on the file of the learned Judicial Magistrate No.1, Thoothukudi, Thoothukudi District and quash the same.

2. The respondent has filed a private complaint under Section 200 of CrP.C. against the petitioners. After conducting enquiry, the learned Judicial Magistrate, has taken the case on file in C.C.No.13 of 2018 for the alleged offences under Sections 120(b), 147, 148, 166, 294(b), 323, 447, 448, 506(ii) of I.P.C and Section 4 of Tamil Nadu Women Harassment Act.

3. When the matter was taken up for hearing on 04.01.2022, this Court directed the Registry to get a report from the learned Judicial Magistrate No.1, Thoothukudi. with regard to the stage of the case in C.C.No.13 of 2018.

4. In pursuance of the same, the learned Judicial Magistrate No.1, (FAC) Thoothukudi, has submitted a report, dated 19.01.2022, stating that five witnesses have already examined and the case was https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.OP(MD)No.4894 of 2019 posted for the examination of the complainant's side further evidence.

5. When the matter is taken up for hearing today, the learned counsel for the petitioners would submit that it would be suffice if the learned Judicial Magistrate is directed to dispose of the case within the time frame fixed by this Court.

6. The learned counsel for the respondent would submit that since the case is pending in part-heard stage, the trial Court may be directed to expedite the trial and dispose of the case within the time stipulated by this Court.

7. Considering the above submission and taking note of the limited prayer now sought for by the petitioners, without expressing any opinion with regard to the merits of the case, this Court directs the learned Judicial Magistrate No.1, Thoothukudi to complete the trial and dispose of the case as expediously as possible, preferably, within a period of six months from the date of receipt of a copy of this order.

8. With the above directions, this Criminal Original Petition is disposed of. Consequently, the connected Criminal Miscellaneous Petitions are closed.

Sd/- Assistant Registrar (A.D.II) // True Copy // / /2022 Sub Assistant Registrar(CS) ebsi Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

1. The Judicial Magistrate No.1, Thoothukudi, Thoothukudi District.

CRL.OP(MD)No.4894 of 2019 and Crl.M.P(MD) Nos.3040 & 3041 of 2019 24.01.2022 RD(08.02.2022) 2P 2C https://hcservices.ecourts.gov.in/hcservices/ 2/2