Madras High CourtCRL OP(MD)/11616/2022disposed of

J.Joyselin v. The Superintendent Of Police

2024-03-01Honourable Mr Justice M.Dhandapani5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.(MD) No.11616 of 2022 J.Joyselin ... Petitioner Vs.

1.The Superintendent of Police, Tirunelveli District.

2.The Inspector of Police, All Women Police Station, Valliyoor, Tirunelveli District.

3.Ajay Rex 4.Rex Packinathan 5.Margret 6.Sindhia Rex 7.Alwin

...Respondents

PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, directing the learned Judicial Magistrate, Valliyoor, to expedite the trial in C.C.No.414 of 2021 on the file of the learned Judicial Magistratem Valliyoor, Tirunelveli District and to complete the same within a stipulated time frame as fixed by this Court. 1/5

For petitioner : Mr.Aayiram K.Selvakumar For R-1 & R-2 : Mr.B.Nambiselvan, Additional Public Prosecutor For R-3 to R-6 : Mr.R.Ilayaraja O RDER This Criminal Original Petition has been filed seeking to direct the learned Judicial Magistrate, Valliyoor, Tirunelveli District, to expedite the trial in C.C.No.414 of 2021 for the alleged offence punishable under Sections 294(b), 406, 498(A) and 506(1) IPC, Section 4 of the Dowry Prohibition Act, 1961 and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 2022 and to complete the same within a stipulated time frame as fixed by this Court.

2. The case of the prosecution is that due to matrimonial dispute, respondent Nos.3 to 7 attacked the petitioner / defacto complainant. Hence, the complaint.

3. The learned counsel appearing for the petitioner would submit that the petitioner is a defacto complainant. He would further submit that the marriage between the petitioner and the third respondent was solemnized in the year 2020 and after their marriage, the accused 2/5

persons had given torture to her and hence, she made a complaint before the respondent Police. Thereafter, the respondent Police has registered a case against the accused persons in Crime No.06 of 2021 and conducted the investigation and on completion of investigation, a charge sheet has been filed before the learned Judicial Magistrate, Valliyoor, Tirunelveli District and the same was taken on file in C.C.No.414 of 2021 for the alleged offence punishable under Sections 294(b), 406, 498(A) and 506(1) IPC, Section 4 of the Dowry Prohibition Act, 1961 and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 2022. Hence, he requests before this Court to complete the trial in C.C.No.414 of 2021 within a stipulated time.

4. The learned Additional Public Prosecutor appearing for the respondent Police would submit that this Court may issue a direction to the concerned Magistrate to expedite the trial as soon as possible.

5. Since the case is pending from the year 2021, the learned Judicial Magistrate, Valliyoor, Tirunelveli District, is directed to complete the trial in C.C.No.414 of 2021 as expeditiously as possbile. 3/5

7. With the above direction, the Criminal Original Petition stands disposed of.

01.03.2024 Index : Yes/No Internet : Yes/No TSG To 1.The Judicial Magistrate, Valliyoor, Tirunelveli District.

2.The Superintendent of Police, Tirunelveli District.

3.The Inspector of Police, All Women Police Station, Valliyoor, Tirunelveli District.

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

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M.DHANDAPANI. J.

TSG 01.03.2024 5/5