Madras High CourtCRL OP(MD)/12956/2022disposed of

N.Muthu v. The Deputy Superintendent Of Police

2022-07-19Honourable Mr Justice V.Sivagnanam6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.07.2022

CORAM:

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM N.Muthu ... Petitioner Vs.

1.The State through, The Deputy Superintendent of Police, Aruppukkottai, Virudhunagar District.

2.The Inspector of Police, Kariapatti Police Station, Virudhunagar District, (Crime No.202 of 2016).

3.A.Lakshmi ... Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C., directing the Hon'ble Special Court, SC/ST(POA)Act, Srivilliputhur, Virudhunagar District to expedite the trial and complete the same in Spl.SC.No.1 of 2018 within a time frame as may be fixed as this Hon'ble Court.

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For Petitioner : Mr.B.Vinoth Kumar For R-1 and R-2 : Mr.R.Suresh Kumar, Government Advocate, (Criminal Side).

ORDER

The Criminal Original Petition has been filed directing the Hon'ble Special Court, SC/ST(POA)Act, Srivilliputhur, Virudhunagar District to expedite the trial and complete the same in Spl.SC.No.1 of 2018 within a time frame as may be fixed as this Hon'ble Court.

2. The case of the prosecution is that when the third respondent and her brother travelled by Government Bus, the petitioner accused abused them with filthy language and threatened her family with dire consequences. In this regard, a case was registered in Crime No.202 of 2016 for offences under Sections 147, 324, 355, 506(ii), 148, 341, 294(b), 323 I.P.C and Section 4 of Tamil Nadu Prohibition of Women Harassment Act and Section 3(1) (r), 3 (1)(s), 3(2)(va) of SC/ST Act. After completion of investigation, charge-sheet has been laid and it has been taken cognizance in Spl.S.C.NO.1 of 2018 on the file of the Special 2/6

Court, SC/ST(POA)Act, Srivilliputhur, Virudhunagar District and it is pending for trial without any progress.

3. The learned counsel for the petitioner submitted that the case was taken on file by the Trial Court on 19.01.2017 and posted for appearance on 04.01.2018. The charge was framed on 25.02.2020. Thereafter, there was no progress. Aggrieved by the same, the present Criminal Original Petition has been filed to expedite the trial.

4. The learned Government Advocate (Criminal Side), appearing for the respondent Police submitted that the case is posted on 11.08.2022 for examination of witnesses.

5. I have considered the matter in the light of the submissions made by learned counsel for both the parties.

6. Perusal of the records reveals the fact that originally the case was taken on file in the year 2017 and posted for appearance on 04.01.2018 and the accused appeared and the case was posted for 3/6

framing of charges on 18.06.2018 and the Discharge Petition filed by the accused person was disposed of on 29.04.2019 then the case was posted for Trial on 27.03.2020. Thereafter, no progress in this case. Finally, this case is posted for trial on 11.08.2022. Taking note of the records and circumstances of the case, the Trial Court is hereby directed to dispose the case in Spl.S.C.No.1 of 2018 within a period of four (4) months from the date of receipt of a copy of this order.

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

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To 1.The Special Court, SC/ST(POA)Act, Srivilliputhur, Virudhunagar District.

2.The Deputy Superintendent of Police, Aruppukkottai, Virudhunagar District.

3.The Inspector of Police, Kariapatti Police Station, Virudhunagar District, 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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V.SIVAGNANAM, J.

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