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Madras High CourtCRL OP(MD)/22224/2025allowed

Valliyammal v. The State Of Tamil Nadu

2025-12-04Honourable Mrs Justice L.Victoria Gowri6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.12.2025

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Crl.O.P.(MD).No.22224 of 2025 Valliyammal ... Petitioner / de-facto complainant Vs.

The State of Tamilnadu rep. by The Inspector of Police, Sathankulam Police Station, Thoothukudi District.

... Respondent / complainant Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, seeking a direction to expedite and to complete and dispose the trial proceedings in C.C.No.69 of 2025 on the file of the learned Judicial Magistrate, Sathankulam, Thoothukudi District within a stipulated period to be fixed by this Court. For Petitioner : Mr.J.David Ganesan, Advocate For Respondent : Mr.M.Sakthi Kumar, Government Advocate (Crl. Side) 1/6

ORDER

This Criminal Original Petition has been filed seeking a direction to the learned Judicial Magistrate, Sathankulam, Thoothukudi District, to expedite the trial and dispose of the case in C.C.No.69 of 2025 within the time to be fixed by this Court.

2. It is the case of the petitioner that she is a senior citizen aged about 80 years. She has four daughters and two sons, all of whom are married and living separately. The petitioner is presently residing with one of her sons, namely Ashok. On 08.09.2024, at about 9.00 a.m., while the petitioner was staying with her daughterin-law, her daughters, namely Rani and Selvikumari, along with her other son, namely Antony, approached the petitioner and demanded ownership of the house, claiming that the house bearing Door No.5/15, South Street, had been allotted to Selvikumari by the petitioner's late husband. Consequently, a quarrel arose, during which Selvikumari allegedly attacked the petitioner with her hands, and Antony and Rani also assaulted the petitioner. 2/6

3. When the incident was noticed by the petitioner's daughterin-law, she shouted and called the neighbours. Thereafter, the accused persons allegedly criminally intimidated the petitioner and fled from the place of occurrence. The petitioner was subsequently taken to the Government Hospital, Sathankulam.

4. Owing to the said incident, the petitioner lodged a complaint dated 09.09.2024 against the three accused persons before the Sathankulam Police Station, which was registered in Crime No.197 of 2024, dated 22.09.2024, for the offences under Sections 296(b), 115(2), and 351(2) of the BNS, 2023. The investigation has been completed, and the charge sheet has been taken on file in C.C.No.69 of 2025, which is pending adjudication. The trial has not yet commenced.

5. It is further submitted that the house and the land were assigned in favour of the petitioner and that no one, including the petitioner's husband, has any right over the said property. It is also submitted that the petitioner has always been ready and willing to cooperate with the investigation and trial process. Being a widow and 3/6

a senior citizen who was attacked by the accused persons, the petitioner seeks speedy disposal of the case in C.C.No.69 of 2025. Hence, the present petition.

6. Heard the learned counsel appearing on either side and carefully perused the materials available on record.

7. Considering the facts and circumstances of the case, the learned Judicial Magistrate, Sathankulam, Thoothukudi District, is directed to dispose of the case in C.C.No.69 of 2025 as expeditiously as possible, preferably within a period of three (3) months from the date of receipt of a copy of this order.

8. With the above directions, this Criminal Original Petition is allowed.

04.12.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No mkn 4/6

To The Judicial Magistrate Court, Sathankulam, Thoothukudi District.

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L.VICTORIA GOWRI, J.

mkn CRL OP(MD)No.22224 of 2025 04.12.2025 6/6