Sumitha Rani v. The State Of Tamilnadu Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.12.2024

CORAM

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Sumitha Rani ... Petitioner Vs.

State of Tamil Nadu, Rep. by its, The Inspector of Police, All Women Police Station, Marthandam, Kanniyakumari District.

(Crime No.52 of 2018) ... Respondent PRAYER : Criminal Original Petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to dispose of the case in C.C.No.33 of 2020, on the file of the Judicial Magistrate No.II, Padmanabhapuram, Kanniyakumari District, within a stipulated time as fixed by this Court.

For Petitioner : Mr.V.Illanchezian For Respondent : Mr.A.Thiruvadi Kumar Additional Public Prosecutor

ORDER

The petitioner/de-facto complainant had lodged a complaint, which led to the registration of a case in Crime No.52 of 2018 for 1/4

offences under Sections 498A and 506(i) of the I.P.C., and Sections 4 and 6 of the Dowry Prohibition Act, 1961. Upon conclusion of the investigation, a charge sheet was filed, and the case was taken on file as C.C.No.33 of 2020. However, the case has been adjourned periodically, without any progress in the trial. The accused has been successful in stalling the trial, and the trial Court has shown a lack of seriousness in proceeding with the trial. As a result, the trial has not even commenced for the past four years.

2. The learned Additional Public Prosecutor submitted that warrants were pending against A2 and A3, but both accused have now appeared, and the non-bailable warrants were recalled on 08.10.2024. The case is now posted for trial on 06.01.2025. The learned Additional Public Prosecutor further stated that totally there are nine witnesses, and the entire case can be completed within a stipulated period, preferably, within four months.

3. In view of the above said submissions, this Court directs the trial Court to complete the trial within a period of four months from the 2/4

date of receipt of a copy of this order. In the event the accused adopt any dilatory tactics to delay the trial, coercive action, including confinement of the accused, shall be taken to ensure the timely completion of the trial.

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

NCC : Yes / No 20.12.2024 Index : Yes / No smn2 To 1.The Judicial Magistrate No.II, Padmanabhapuram, Kanniyakumari District.

2.The Inspector of Police, All Women Police Station, Marthandam, Kanniyakumari District.

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

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M.NIRMAL KUMAR, J.

smn2 Order made in Dated: 20.12.2024 4/4