Madras High CourtCRL OP(MD)/14234/2021disposed of

M. Chitra v. The Inspector Of Police

2021-09-23Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD) No.14234 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.14234 of 2021 M.Chitra ... Petitioner/defacto-complainant Vs.

State represented through its, The Inspector of Police, AWPS, Madurai Town, Madurai District.

Crime No.05 of 2017 ... Respondent/Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, directing the Chief Judicial Magistrate, Madurai to complete the Trial expeditiously in C.C.No.79 of 2018 in Crime No.05 of 2017 within the time framed by this Court.

For Petitioner : Mr.G.Ganesh Kumar For Respondent : Mr.K.Sanjai Gandhi Government Advocate (Crl.Side)

ORDER

This petition is filed seeking direction to the learned Chief Judicial Magistrate, Madurai to expedite the trial process in C.C.No.79 of 2018 and dispose of the same on merits within the time stipulated by this Court.

2.The case has been registered for the offences punishable under Sections 498A and 406 of IPC on 14.03.2017. The petitioner is the defacto complainant in the aforesaid matter. Now the grievance of the petitioner is that even though the Charge Sheet has been filed in 2018, so far no progress has been made and the 1st accused, who is the husband remained absent. Warrant was issued and later, he appeared and thereafter, warrant was recalled. The other accused persons are absconding. Because of that, the matter is kept pending. 3.The learned Government Advocate (Crl.side) appearing for the respondent would submit that P.W1 was examined in chief and later, the accused 2 and 3 went abscond. So, Non Bailable Warrant was issued against them and the case was posted to 27.09.2021 for appearance of the accused.

4.Since it is a matrimonial dispute between the husband and wife, there shall be a direction to the learned Chief Judicial Magistrate, Madurai to expedite the trial process in C.C.No.79 of https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.14234 of 2021 2018 by securing the other accused persons and dispose of the same on merits, within a period of 6 months from the date of receipt of a copy of this order. After disposing the same on merits, compliance report must be submitted to the Registry.

5.This petition is allowed, accordingly.

Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS) mm 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 Chief Judicial Magistrate, Madurai.

2.The Inspector of Police, AWPS, Madurai Town, Madurai District.

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

Crl.O.P.(MD)No.14234 of 2021 23.09.2021 PS(CO)/RS (12.10.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2