Madras High CourtCRL OP(MD)/10402/2022disposed of

Christy @ Christy Karna Bai v. The Inspector Of Police

2022-06-13Honourable Mr Justice V.Sivagnanam2 pages

CRL.O.P (MD) No.10402 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.06.2022

CORAM

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM CRL.O.P (MD) No.10402 of 2022 Christy @ Christy Karna Bai

...Petitioner/Accused No.2

Vs.

The Inspector of Police, All Women Police Station, Nagercoil, Kanyakumari District.

...Respondent/Complainant

Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to direct the Additional Mahila Court (Magisterial Level), Nagercoil to expedite the trial in C.C.No.512 of 2018 and dispose the same within a specific period as framed by this Court. For Petitioner : Mr.K.P.Narayanakumar For Respondents : Mr.R.Suresh Kumar Government Advocate (Crl.side)

ORDER

This petition has been filed to direct the Additional Mahila Court (Magisterial Level), Nagercoil to expedite the trial in C.C.No.512 of 2018 and dispose the same within a specific period as framed by this Court.

2.The learned counsel for the petitioner submitted that the respondent police has registered a case in Cr.No.20 of 2017 against the petitioner and other family members for the offence under Sections 498(A) and 406 IPC. After investigation, the respondent police has filed a charge sheet and same was taken on file in C.C.No.512 of 2018 by the learned Judicial Magistrate, Additional Mahila Court (Magisterial Level), Nagercoil on 25.10.2018 for the offences punishable under Sections 498(A), 406 of IPC and Sections 4 and 6 of DP Act on 13.12.2018. On the very same date itself, the witness summon was issued to LW1 and LW2, but the witnesses did not appear and so far they have not been examined. The petitioner is aged about 66 years and her husband is aged about 70 years, they are affected by old age ailments. Therefore, the petitioner filed this petition to expedite the trial.

3.The learned Government Advocate (Crl.side) appearing for the respondent police submitted that the case was posted on 27.02.2022 for examination of witnessess.

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CRL.O.P (MD) No.10402 of 2022

4. I have considered the matter in the light of the submissions made by the parties.

5.Admittedly, the respondent police has registered the case Cr.No.20 of 2017 against the petitioner and other family members for the offence under Sections 498(A) and 406 IPC. The case was taken on file in C.C.No.512 of 2018 by the learned Judicial Magistrate, Additional Mahila Court (Magisterial Level), Nagercoil on 25.10.2018 and the same was posted on 27.02.2022 for examination of witnessess. 6.Recording the same, the learned Judicial Magistrate, Additional Mahila Court (Magisterial Level), Nagercoil, is hereby directed to dispose of C.C.No.512 of 2018, within a period of two months from the date of receipt of a copy of this order. 7.With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS-III) // True Copy // /06/2022 Sub Assistant Registrar(CS) vsd To 1.The Inspector of Police, All Women Police Station, Nagercoil, Kanyakumari District.

2.Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Copy to The Additional Mahila Court (Magisterial Level), Nagercoil +1 CC to M/s.K.P.NARAYANA KUMAR, Advocate ( SR-25339[F] dated 13/06/2022 ) CRL.O.P (MD) No.10402 of 2022 13.06.2022 kg(CO) TR(27.06.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2