Madras High CourtCRL OP(MD)/10312/2021disposed of

Ramalakshmi v. The Inspector Of Police

2021-07-30Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.07.2021 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN Crl.M.P(MD) No.5278 of 2021 1.Ramalakshmi 2.Sanmugapriya ... Petitioners/Accused No.1 & 2 Vs.

1.State represented by The Inspector of Police, Sivakasi East Police Station, Sivakasi.

Virudhunagar District.

(In Crime No.868 of 2020)

...Respondent1/Complainant

2.Rani

...Respondent No.2/

Defacto Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, directing the learned Judicial Magistrate No.II, Sivakasi to complete the trial in CC No.15 of 2021, within a time stipulated by this Court. For Petitioner : Mr.N.Tamilmani For R1 : Mr.R.M.Anbunithi, Additional Public Prosecutor

ORDER

This petition is filed seeking a direction to the learned Judicial Magistrate No.II, Sivakasi to complete the trial in CC No.15 of 2021, within a time stipulated by this Court. 2.The petitioners are facing charges under Sections 294(b), 323, 427, 506(i) IPC in CC No.15 of 2021 before the Judicial Magistrate No.II, Sivakasi.

3.The learned counsel for the petitioner would submit that there was a money transaction between the petitioners and the defacto complainant, upon which, a false complaint has been given against the petitioners. It is stated that the petitioners are the permanent residents of Madurai. Hence, they find it difficult to travel from Madurai to Sivakasi for each and every hearing and would pray to dispense with the personal appearance of the petitioners before the trial Court. He would further submit that a direction may be issued to the learned Magistrate to complete the trial at the earliest.

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4.Considering the facts and circumstances of the case, there shall be a direction to the learned Judicial Magistrate No.II, Sivakasi to complete the trial within a period of six months from the date of receipt of a copy of this order. After disposal of the case, compliance report must be submitted to the Registry of this Court. Considering the request made by the learned counsel for the petitioners regarding the dispense with the personal appearance of the petitioners, the same is considered for the first petitioner alone, since she is aged about 64 years and the first petitioner is directed to appear before the concerned Magistrate within 15 days from the date of receipt of a copy of this order and file an undertaking affidavit stating that she will appear before the Court as and when required, by affixing her attested photograph. 5.With the above direction, this Criminal Original Petition is disposed of.Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (P&A) // True Copy // / /2021 Sub Assistant Registrar(CS) vrn 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 1.The Judicial Magistrate No.II, Sivakasi 2.The Inspector of Police, Sivakasi East Police Station, Sivakasi.

Virudhunagar District.

(In Crime No.868 of 2020) 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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+1 CC to M/s.N.TAMILMANI, Advocate ( SR-24833[F] dated 30/07/2021 ) Crl.M.P(MD) No.5278 of 2021 30.07.2021 RK (06.08.2021) 3P 5C 3/3