Malarvizhi v. The Inspector Of Police

Crl.O.P.(MD).No.15382 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.12.2020

CORAM:

THE HONOURABLE MRS. JUSTICE J.NISHA BANU Crl.O.P.(MD).No.15382 of 2020 Malarvizhi

...Petitioner/Accused No.3

vs.

1.State through The Inspector of Police All Women Police Station Sattur Virudhunagar District (Crime No.5 of 2018)

...Respondent/Complainant

2.Arulmozhi

...Respondent/Defacto Complainant

PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to direct the learned Judicial Magistrate No.I, Sattur to expedite the trial and dispose of the case in C.C.No.51 of 2018 on its file within the time frame fixed by this Court.

For Petitioner : Mr.N.Anandakumar For Respondent : Mr.V.Neelakandan Additional public Prosecutor

O R D E R

This Criminal Original Petition has been filed to direct the learned Judicial Magistrate No.I, Sattur to expedite the trial and dispose of the case in C.C.No.51 of 2018 on its file within the time frame fixed by this Court.

2.The learned counsel appearing for the petitioner reiterated the contentions set out in the original petition. Further, he submitted that the petitioner's son and the defacto complainant are husband and wife. The allegation in the complaint is that the petitioner and her family members demanding dowry from the parents of the defacto complainant, for which, they tortured the defacto complaint cruelly and threatened her with dire consequences. Hence, the defacto complainant lodged a complaint against them and based on that, FIR came to be registered in Crime No.5 of 2018 for the offence under Sections 498(A), 506(i), 406 I.P.C and Section 4 of Dowry Prohibition Act 1961. After completing investigation, a charge sheet was laid against the petitioner and other accused before the learned Judicial Magistrate No.

I, Sattur and the same was taken on file in C.C.No.51 of 2018. The learned counsel further submitted that due to matrimonial dispute, the defacto complainant has falsely implicated the petitioner and her family members and there was no such demand of dowry or harassment. If the trial is conducted in a time bound manner, they can prove them as innocents during the https://hcservices.ecourts.gov.

Crl.O.P.(MD).No.15382 of 2020 trial. Hence, the present petition for speedy disposal of C.C.No.51 of 2018.

3.Heard the learned counsel for the petitioner. Since this criminal original petition is filed for speedy disposal of the case, notice to the second respondent is not necessary. 4.Considering the facts and circumstances of the case, this Court feels that ends of justice would be met by directing the Court below to dispose the case in C.C.No.51 of 2018 within a time frame. Without adverting to the merits of the case, a direction is issued to the learned Judicial Magistrate No.I, Sattur to dispose the case in C.C.No.51 of 2018 on merits and in accordance with law, within a period of four months from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar (crl.side) // True Copy // / /2021 Sub Assistant Registrar(CS) msa 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 No.I Sattur, Virudhunagar District

2. The Inspector of Police All Women Police Station Sattur Virudhunagar District 3.The Additional Public Prosecutor Madurai Bench of Madras High Court Madurai Crl.O.P.(MD).No.15382 of 2020 22.12.2020 SSS(CO) KB(08.01.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2