Madras High CourtCRL OP(MD)/10691/2022disposed of

Thankachi Geethu v. The Inspector Of Police

2022-06-16Honourable Mr Justice V.Sivagnanam2 pages

Crl.O.P.(MD) No.10691 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.06.2022

CORAM:

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM Crl.O.P.(MD) No.10691 of 2022 Thankachi Geethu, : Petitioner Vs The State represented by The Inspector of Police, All Women Police Station, Marthandam, Kanyakumari District.

: Respondent PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying this Court to direct the learned Judicial Magistrate No.I, Kuzhithurai to expedite the Trial in C.C.No. 459/2019, which is pending for adjudication, within a stipulated time fixed by this Court.

For Petitioner : M/s. Brijesh Kishore B, For Respondent : Mr.R.Suresh Kumar, Government Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed seeking a direction to the learned Judicial Magistrate No.I, Kuzhithurai to expedite the Trial in C.C.No. 459/2019, which is pending for adjudication.

2.The learned Counsel appearing for the petitioner submitted that the petitioner is the defacto complainant in the case in C.C.No.459 of 2019, on the file of the learned Judicial Magistrate, No.I, Kuzhithurai. Based on the complaint lodged by the petitioner, an FIR has been registered in Crime No.51 of 2018, against the accused persons 1 to 3, on 16.12.2018. After investigation, final report has been filed before the learned Judicial Magistrate No.I, Kuzhithurai and the case was taken on file in C.C.No.459 of 2019 for the offences under Sections 498(A), 406, 294(b) and 506(1) of IPC and Sections 4 and 6 of Dowry Prohibition Act, 1961. In this case, trial is not commenced and hence, he seeks speedy disposal of the same.

3.The learned Government Advocate (Crl.Side) appearing for the respondent police submitted that after framing charges, the case is posted on 16.08.2022, for examination of the prosecution witness. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.10691 of 2022 4.Heard the learned Counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondent police.

5.Considering the matter in the light of the submission made by the learned Government Advocate (Crl.Side) that the case in C.C.No.459 of 2019, has been posted on 16.08.2022, for prosecution of witness, the learned Judicial Magistrate, Kuzhithurai, is directed to dispose of the case, within a period of two months from the date of receipt of a copy of this order.

6.With the above direction, this criminal original petition stands disposed of.

Sd/- Assistant Registrar (Crl side) // True Copy // /06/2022 Sub Assistant Registrar(CS) Lr To 1.The Judicial Magistrate No.I, Kuzhithurai, Kanniyakumari District.

2.The Inspector of Police, All Women Police Station, Marthandam, Kanyakumari District.

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

+1 CC to M/s.B. BRIJESH KISHORE, Advocate ( SR-26096[F] dated 16/06/2022 ) Crl.O.P.(MD) No.10691 of 2022 16.06.2022 SS(24/06/2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2