Shanthi.S.V v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.01.2023

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR S.V.Shanthi ... Petitioner Vs.

State rep. by The Inspector of Police, All Women Police Station, Theni.

Crime No.8 of 2021 ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the trial Court for speedy disposal of the case in C.C.No.15 of 2022 on the file of the learned Additional Mahila Court (Judicial Magistrate) Level, Theni to dispose of the case on day to day basis within the stipulated time as may be fixed by this Court. For Petitioner : Mr.V.Muthu Kamatchi, For Respondent : Mr.M.Muthu Manikkam, Government Advocate (Crl.Side) for R1.

1/5

ORDER

This Criminal Original Petition filed, under Section 482 Cr.P.C., seeking orders, to direct the trial Court for speedy disposal of the case in C.C.No.15 of 2022 on the file of the learned Additional Mahila Court (Judicial Magistrate) Level, Theni to dispose of the case on day to day basis within the stipulated time as may be fixed by this Court.

2. In pursuance of the directions of this Court, the learned Judicial Magistrate, Additional Mahila Court (JM Level), has submitted a report dated 05.01.2023, stating that the matter was referred to Mediation and it was reported on 08.09.2022 that the matter was not settled; that subsequently, petition under Section 319 Cr.P.C came to be filed and after enquiry, the same was allowed on 29.12.2023 ands that L.W.1 was examined on 13.04.2022 and the case stands posted for examination of L.W2 and L.W.3.

3. The main contention of the petitioner is that FIR was registered in the year 2021. But the fact remains that, the charge sheet has been filed in the year 2022. The High Court has already issued Circulars to the 2/5

District Judiciary directing the Courts to give priority for the cases relating to the Senior Citizens, HIV affected persons, Defence personnel, women and children etc., The petitioner without approaching the trial Court has directly approached this Court. In the absence of total pending particulars and the work burden of that particular Court, this Court is not inclined to give any direction to dispose of the case within the specified period of time.

4. However, the trial Court is required to give priority to the cases, as per the Circulars of the High Court. The petitioner is at liberty to approach the trial Court and if such requisition for early disposal of the case is made, the learned trial Judge is directed to consider the same, in the light of the circulars issued by this Court.

5. With the above observation and direction, this Criminal Original Petition stands disposed of.

10.01.2023 NCC : Yes /No Index : Yes / No Internet : Yes / No das 3/5

To 1.The Additional Mahila Court (Judicial Magistrate) Level, Theni.

2.The Inspector of Police, All Women Police Station, Theni.

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

4/5

K.MURALI SHANKAR,J.

das Order made in Dated: 10.01.2023 5/5