Madras High CourtCRL OP(MD)/20169/2021disposed of

Minnalkodi v. The Inspector Of Police

2021-12-17Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.20169 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.12.2021 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.20169 of 2021 and Crl.M.P.(MD)No.11390 of 2021 Minnalkodi ... Petitioner/ Accused No.2 Vs.

State represented by The Inspector of Police, Uthappanaickanur Police Station, Madurai.

(Crime No.133 of 2018) ... Respondent/ Complainant Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the learned Judicial Magistrate No.II, Usilampatti to expedite the trial and dispose of the case in C.C.No.143 of 2020 on the file of the learned Judicial Magistrate No.II, Usilampatti within the period that may be stipulated by this Court.

For Petitioner : Mr.K.K.Samy For Respondent : Mr.M.Sakthi Kumar, Govt. Advocate (Crl. Side).

O R D E R

Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondent. 2.The petitioner is facing trial in C.C.No.143 of 2020 on the file Judicial Magistrate No.II, Usilampatti. The petitioner wants speedy trial. The learned Government Advocate (Crl. Side) would point out that Judicial Magistrate No.II, Usilampatti is having heavy work load and that issuance of direction may not be in the interest of justice.

3.Be that as it may, even while declining to grant the direction as sought for, the appearance of the petitioner before the Court below is dispensed with. The petitioner has however to appear through her counsel on all hearings. If the counsel also fails to appear, the benefit of this order will stand vacated automatically. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.20169 of 2021 The Court below shall insist on the petitioner's appearance only when it is absolutely necessary and imperative. The petitioner needs to appear before the Court below only on the express directions of the learned trial Magistrate.

4.This criminal original petition is disposed of accordingly. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (AE) // True Copy // / /2022 Sub Assistant Registrar(CS) ias 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.II, Usilampatti.

2.The Inspector of Police, Uthappanaickanur Police Station, Madurai.

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

+1 CC to M/s.K.K.SAMY, Advocate ( SR-39331[F] dated 17/12/2021 ) Crl.O.P(MD)No.20169 of 2021 17.12.2021 RD(28.01.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2