Madras High CourtCRL OP(MD)/9133/2024disposed of

A.P.Esther Lilly v. The Inspector Of Police

2024-07-22Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 22.07.2024

CORAM

THE HON`BLE MR.JUSTICE B.PUGALENDHI CRL OP(MD). No.9133 of 2024 A.P.Esther Lilly ... Petitioner Vs

1. The Inspector of Police, Nesamani Nagar Police Station, Nagercoil, (Cr.No.521 of 2017)

2. The Superintendent of Police, ... Respondents (R2 is suo-motu impleaded as per order of the Court dated 08.07.2024 in Crl.OP(MD)No.9133 of 2023) Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned Judicial Magistrate/Additional Mahila Court (Magisterial Level), Nagercoil, Kanniyakumari District, for speedy disposal of the case in C.C.No371 of 2018 within a time frame as may be fixed by this Court. For Petitioner : Mr. Suri.M For Respondents : Mr.P.Kottai Chamy Government Advocate (Crl. side) 1/4

O R D E R

This Criminal Original Petition is filed, seeking a direction to the learned Judicial Magistrate cum Additional Mahila Court (Magisterial Level), Nagercoil, Kanniyakumari District, for speedy disposal of the case in C.C.No371 of 2018.

2.This Court, by order, dated 26.06.2024, called for a report from the Judicial Magistrate, Additional Mahila Court (Magisterial Level), Nagercoil, Kanniyakumari District and the learned Judicial Magistrate has also filed a report that for want of service of summon on the accused, the case is pending from the year 2018.

3.The learned Government Advocate (Crl. Side) on instruction from the respondent police submits that after the orders of this Court dated 26.06.2024, the respondent police have served summon on the accused.

4.This Court is of the opinion that it is not possible for every victim to seek a direction for speedy disposal of the case, from this 2/4

Court. The respondent police are having some responsibilities, as prosecuting agencies, on behalf of the victim and they have to take utmost importance for serving the summons and to ensure that the trial is taken up at the earliest. Any delay in conducting the trial would certainly demoralise the witnesses.

5.Since, it is now reported that the respondent police have served summon on the accused, the trial Court is directed to conclude the trial as expeditiously as possible, preferably, within a period of four months from the date of receipt of a copy of this order. 6.With the above said direction, this Criminal Original Petition is disposed of.

22.07.2024 NCC : Yes/No Index : Yes/No Internet:Yes jbr Note: Mark a copy of this order to The learned Judicial Magistrate cum Additional Mahila Court (Magisterial Level), 3/4

B.PUGALENDHI,J jbr

1. The Inspector of Police, Nesamani Nagar Police Station, Nagercoil, (Cr.No.521 of 2017)

2. The Superintendent of Police,

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

Order made in Crl.O.P.(MD)No.9133 of 2024 22.07.2024 4/4