Madras High CourtCRL OP(MD)/8551/2019disposed of

G.Bensam v. P.Rejinald

2022-02-15Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.8551 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.02.2022 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN Crl.O.P.(MD)No. 8551 of 2019 and Crl.M.P(MD) Nos. 5358 & 5359 of 2019 G.Bensam .... Petitioner /Accused Vs.

P.Rejinald .... Respondent/ Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the entire records pertaining to the proceedings in S.T.C.No.535 of 2019, on the file of the Judicial Magistrate Court, Valliyur, Tirunelveli District quash the same.

For Petitioner : Mr.D.Anbarasu For Respondent : Mr.D.Srinivasaragavan

ORDER

This petition has been filed seeking to quash the proceedings in S.T.C.No.535 of 2019, on the file of the Judicial Magistrate Court, Valliyur, Tirunelveli District.

2. The private complaint has been filed by the respondent for the offence under Sections 341, 294(b), 506(1) of IPC and under Section 4 of Women Harassment Act.

3. After hearing, the learned counsel for the petitioner and the learned counsel for the respondent, this Court is not inclined to quash the proceedings in S.T.C.No.535 of 2019, on the file of the Judicial Magistrate Court, Valliyur, Tirunelveli District.

4. At this juncture, the learned counsel for the petitioner restricted his prayer to direct the trial Court to expedite the trial and to complete the same within a time to be stipulated by this Court.

5. In view of the above, the learned Judicial Magistrate, Valliyoor, Tirunelveli, is directed to expedite the trial and to complete the same in S.T.C.No.535 of 2019 within a period of five months from the date of receipt of a copy of this order. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.8551 of 2019

6. The personal appearance of the petitioner is dispensed with before the trial Court with the following conditions:- (i) the petitioner shall appear before the trial Court, within 15 days from the date of receipt of a copy of this order and he shall file an undertaking affidavit that he will appear before the concerned Court as and when required, the attested photograph must be attached in the affidavit and he must ensure that he is properly represented by an Advocate.

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

Sd/- Assistant Registrar (AS) // 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.

To The Judicial Magistrate Court, Valliyur, Tirunelveli District.

+1 CC to M/s.D.SRINIVASARAGAVAN, Advocate ( SR-6385[F] dated 16/02/2022 ) Crl.O.P.(MD)No. 8551 of 2019 and Crl.M.P(MD) Nos. 5358 & 5359 of 2019 15.02.2022 KG(CO) KB(18.03.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2