Madras High CourtCRL OP(MD)/14555/2020disposed of

Senthilkumar v. The Inspector Of Police

2020-12-11Honourable Mrs Justice J. Nisha Banu2 pages

Crl.O.P(MD)No.14555 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.12.2020

CORAM:

THE HONOURABLE MRS. JUSTICE J.NISHA BANU Crl.O.P(MD)No.14555 of 2020 1.Senthilkumar 2.Chandirapandian 3.Shanmugakani 4.Balamurugan Petitioners Vs The Inspector of Police, All Women Police Station, Kadambur, Thoothukudi District.

(Crime No.02/2014) Respondent PRAYER: Petition filed under Section 482 of Code of Criminal Procedure, to direct the learned Judicial Magistrate Court No.I, Kovilpatti, Thoothukudi District to expedite the trial in CC No.193 of 2015 pending on the file of the learned Judicial Magistrate Court No.I, Kovilpatti, Thoothukudi District, within the time frame that may be fixed by this Court.

For Petitioner : Mr.R.Murugan For Respondent : Mr.V.Neelakandan Additional Public Prosecutor(Crl.Side)

O R D E R

This petition has been filed to direct the learned Judicial Magistrate Court No.I, Kovilpatti, Thoothukudi District to expedite the trial in CC No.193 of 2015 pending on his file within the time frame.

2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor (Criminal Side) for the respondent.

3.The learned counsel for the petitioners would submit that based on the complaint given by one Shanmughalakshmi, who is the wife of the first petitioner, a case in Crime No.2 of 2014 dated 21.02.2014 has been registered on the file of the respondent police and after completion of investigation, charge sheet has been filed and the same was taken on file in CC No.193 of 2015, on the file of the learned Judicial Magistrate Court No.I, Kovilpatti, Thoothukudi District. According to the petitioners, the trial has already been commenced and question under Section 313 Cr.P.C also been completed. The case was posted for issue of process. The grievance of the petitioners is that after the case was posted for issue of process, there is no further progress in the case. Hence, the learned counsel would pray for earlier disposal of the case.

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Crl.O.P(MD)No.14555 of 2020

4. The learned Additional Public Prosecutor (Criminal Side) appearing for the respondent would state that after investigation in the present case, charge sheet has been filed against the petitioners herein, for the offences punishable under Sections 498 (A) IPC and Section 4 of Tamil Nadu Dowry Prohibition Act and the same has been taken on file in CC No.193 of 2015, before the Judicial Magistrate Court No.I, Kovilpatti, Thoothukudi District. He would further submit that totally there are 4 accused in this case and total number of witnesses are 11 and the next date of hearing is 29.12.2020.

5.Recording the submissions made by both sides and considering the fact that the case is of the year 2015, the learned Judicial Magistrate No.I, Kovilpatti, Thoothukudi District is directed to dispose of the case in CC No.193 of 2015, 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 (crl.side) // True Copy // / /2021 Sub Assistant Registrar(CS) vrn 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 Judicial Magistrate Court No.I, Kovilpatti, Thoothukudi District.

2.The Inspector of Police, All Women Police Station, Kadambur, Thoothukudi District.

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

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