V.Vimala v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.11.2018

CORAM:

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.(MD).No.20029 of 2018 V.Vimala

...Petitioner

Vs.

The Inspector of Police, Saptur Police Station, Saptur, Peraiyoor Circle, Madurai District.

(Crime No. 78/2013)

...Respondent

PRAYER: Criminal Original Petition filed under Section 482 of the Cr.P.C., to direct the learned 9th Additional District and Sessions Judge, Mahalir Neethi Manthiram, Madurai to dispose of the above case in S.C.No.113 of 2016 as expeditiously as possible and within the time stipulated by this Court.

For Petitioner :Mr.C.Jeganathan for M/s. Veera Associates For Respondent :Mr.R.Anandharaj Additional Public Prosecutor

O R D E R

This criminal original petition has been filed to direct the learned 9th Additional District and Sessions Judge, Mahalir Neethi Mandram, Madurai to dispose of the case in S.C.No.113 of 2016 within the time frame fixed by this Court. 2.The learned counsel for the petitioner would submit that the petitioner's mother Muthulakshmi was raped and murdered by the accused namely, Muthuraj and two others on 13.05.2013 at about 7.30 p.m., in the garden of the deceased. Based on the complaint given by the petitioner, a case was registered against the accused in crime No.78 of 2013 for the offences under Section 302 IPC and the same was later altered into Sections 376, 302, 201, 212 r/w Section 354 IPC on 14.05.2013.

The learned counsel would submit that after completing the investigation the respondent police filed a charge sheet before the learned Judicial Magistrate, Peraiyoor against one Muthuraj and two others. Thereafter, the case has been committed to the file of the learned 9th Additional District and Sessions Judge, Mahalir Neethi Mandram, Madurai and the same has been taken on file as S.C.No.113 of 2016. 3.The learned counsel would further submit that the case was registered during the year 2013 and committed to sessions. There is no progress in the said case. The case has been https://hcservices.ecourts.gov.

adjourning periodically for the purpose of recording evidence. The learned counsel would also submit that the witnesses are residing in the same village and no steps have been taken by the respondent to serve summons on them for their appearance before the Court below for giving evidence.

4.The learned Additional Public Prosecutor appearing for the respondent police would submit that summon to the witnesses is yet to be served and that the matter is formally posted on 13.11.2018.

5.In view of the above, the learned 9th Additional District and Sessions Judge, Mahalir Neethi Mandram, Madurai is directed to take steps to commence the trial and complete the trial as expeditiously as possible preferably within a period of six months from the date of receipt of a copy of this order. 6.With the above direction, this criminal original petition is disposed of.

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar(CS-I) To

1. The Inspector of Police, Saptur Police Station, Saptur, Peraiyoor Circle, Madurai District.

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

3. The 9th Additional District and Sessions Judge, Mahalir Neethi Mandram, Madurai +1cc to M/s. Veera Associates, Sr.No.94636 TA VB/SKN/SAR1/15.11.2018/2P/5C Crl.O.P.(MD).No.20029 of 2018 08.11.2018 https://hcservices.ecourts.gov.in/hcservices/