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Kalaiselvi v. The Inspector of Police

DISPOSED OF
Court
High Court of Madras
Decided
28 March 2023
Bench
G.Ilangovanauthor
Case no.
CRL OP(MD) 5661/2023

Judgment

ORDER This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking direction to the Judicial Magistrate court No.II, Virudhunagar to dispose of the CC No.274/2020 within a stipulated time as fixed by this Court.

¶2The learned counsel appearing for the petitioner would submit that on the basis of the complaint given by the petitioner, FIR came to be registered in Crime No.11 of 2020 and the respondent police, after completing the investigation, has laid the final report and the case was taken on file in C.C.No.274 of 2020 and is pending on the file of the learned the Judicial Magistrate court No.II, Virudhunagar. He would further submit that the case is pending from 2020 without any progress. He further submitted that the personal appearance of the petitioner before the trial Court may be dispensed with.

¶3The main grievance of the petitioner is that FIR was registered in the year 2020.

¶4Considering the issue involved between the petitioner and the defacto complainant and others, there shall be a direction to the learned Judicial Magistrate court No.II, Virudhunagar, to complete the trial and dispose of the case in C.C.No.274 of 2020 within a period of six months from the date of receipt of a copy of this order. Since the petitioner is a women, her personal appearance before the trial Court is dispensed with the following conditions: The petitioner shall appear before the Judicial Magistrate No.II, Virudhunagar District within a period of 15 days from the date of receipt of a copy of this order and file an undertaking affidavit, by affixing her recent passport size photographs, to the effect that she will appear before the trial Court as and when required and must ensure her proper representation through Advocate."

¶5With the above direction, this Criminal Original Petition stands disposed of. Consequently, the connected Miscellaneous Petition is closed.

28.03.2023 NCC : Index : Internet : trp To

¶1The Judicial Magistrate No.II, Virudhunagar.

¶2The Sub Inspector of Police, Amathur Police Station, Virudhunagar District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. G.ILANGOVAN,J trp Crl.O.P.(MD)No.5661 of 2023 and Crl.M.P(MD).No.4939 of 2023 Dated : 28.03.2023

Case details

Parties and counsel

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.03.2023 CORAM THE HON'BLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.5661 of 2023 and Crl.M.P(MD).No.4939 of 2023 Kalaiselvi ...Petitioner/Accused No.2 Vs. 1.State rep. by The Sub Inspector of Police, Amathur Police Station, Virudhunagar District. (Crime No.11/2020) ... Respondent No.1/Complainant 2. Vijayalakshmi ...Respondent No.2/ Defacto complainant PRAYER: This Criminal Original Petition is filed under Section 482 Cr.P.C.,, to call for the records in the case in CC No.274/2020 on the file of Judicial Magistrate court No.II, Virudhunagar and quash the same. For Petitioner : Mr.M.Jothi Basu For Respondent : Mr.S.Manikandan Government Advocate (Crl. side)

Source: High Court of Madras, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.