Karuppayaee v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.01.2025

CORAM

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Karuppayaee ... Petitioner Vs The State of Tamil Nadu, Rep. by the Inspector of Police, All Women Police Station, Melur, Madurai District.

(Crime No. 31 of 2021).

... Respondent PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the learned Judicial Magistrate Court, Melur, Madurai district to dispose the C.C. No. 180 of 2021 pending on his file as expeditiously as possible.

For Petitioner : Mr.B.Jameelarasu For Respondent : Mr.K.Sanjai Gandhi Government Advocate(Crl.Side) 1/5

ORDER

This Criminal Original Petition has been filed to direct the learned Judicial Magistrate, Melur, Madurai District to dispose the C.C. No. 180 of 2021 pending on his file as expeditiously as possible.

2. Heard the learned counsel appearing for the petitioner, the learned Government Advocate(Crl.Side) appearing for the respondent and perused the materials available on record.

3.It is the case of the petitioner that based on the complaint lodged by the 2nd respondent, a case has been registered in Cr.No.31 of 2021 for the offence punishable under Section 498(A) IPC and Section 4 of Dowry Prohibition Act against the petitioner and others. The case of prosecution is that the accused persons have demanded additional dowry from the 2nd respondent and harassed her. After the completion of investigation, final report was filed by the respondent police and the same was taken on file in C.C.No.180 of 2021 by the learned Judicial Magistrate, Melur, Madurai District. In this case, the matter is pending for more than 3 years under the caption 'service pending'. The petitioner is aged about 78 years old. She wanted to get rid of criminal case and to die 2/5

peacefully. Hence, seeking speedy trial this petition has been filed. 4.The learned Government Advocate (Crl.Side) submitted that due to process of service, the case is pending. In this case, except A5 all other accused persons are present. In this case, there are totally 5 witnesses and they will be produced without any delay. Now, the case is posed for appearance of all accused persons and framing of charges on 17.03.2025. The respondent police will ensure to produce the witnesses on the date fixed by the trial Court. The respondent police would take effective steps to conclude the trial within a period of four months. 5.Considering the averments made on either side, it is seen that though the offence has taken place in the year 2021, as of now, even charge is not framed against the accused persons.

Considering the pendency of the case from the year 2021, the trial Court is directed to dispose of the case in CC No.180 of 2021 preferably, within a period of six months from the date of receipt of copy of this order. It is made clear that the accused persons not to cause any delay or dilatory techniques to drag on the case.

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6.With the above directions, this Criminal Original Petition stands disposed of.

09.01.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No PNM To 1.The Judicial Magistrate, Melur, Madurai District.

2. The Inspector of Police, All Women Police Station, Melur, Madurai District.

(Crime No. 31 of 2021).

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

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M.NIRMAL KUMAR, J.

PNM ORDER IN 09.01.2025 5/5