Kamala v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.09.2023

CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN Kamala ... Petitioner Vs.

1. The State Represented by its Inspector of Police, Kenikkarai Police Station, Ramanathapuram District.

In Crime No.452/2013.

2. Gopal ...Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the Learned Additional District Court, Ramanathapuram to complete the trial in S.C.No.35 of 2021 within the time frame as fixed by this Hon'ble Court. For Petitioner : Mr.D.S.Haroon Rasheed For Respondent : Mr.SS.Madhavan, Government Advocate [Crl. Side] 1/5

O RDER This Criminal Original Petition is filed seeking for expeditious disposal of S.C.No.35 of 2021, pending on the file of the Additional District Court, Ramanathapuram.

2.It is submitted by the learned Counsel for the petitioner / de-facto complainant that her husband was killed by the accused in S.C.No.35 of 2021 and during the course of trial, the trial Court examined P.W.s 1 to 5 in chief on 16.06.2022 and long thereafter on 15.03.2023, P.Ws.1 & 2 were cross-examined. Thereafter, trial could not be proceeded with and it is submitted that the petitioner is a old lady and thereby, sought for suitable directions. 3.Learned Government Advocate (Crl. Side) submits that warrants are pending against Accused No.4, thereby the trial Court could not proceed with. Learned Additional Public Prosecutor assured before this Court that within a short time the warrant against Accused No.4 will be executed. 2/5

4.It appears to this Court that in spite of repeated directions given by this Court and Apex Court, the trial Court has deferred the corss-examination for longer period. Since warrants are being pending against Accused No.4, directions could not be given to the trial Court to complete the trial and dispose of the case by fixing a specific time frame. However, since the learned Govt. Advocate (Crl. side) assured this Court that warrant will be executed shortly, on execution of the warrant, trial Court is directed to expedite the trial and dispose of S.C.No.35 of 2021, as expeditiously as possible.

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

Speaking : Yes / No 21.09.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No MR 3/5

To

1. The Inspector of Police, Kenikkarai Police Station, Ramanathapuram District.

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

4/5

DR.D.NAGARJUN. J.

MR 21.09.2023 5/5