IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 20.03.2017 CORAM THE HONOURABLE MR. JUSTICE R.MAHADEVAN Crl.O.P.No.4496 of 2017 S.Gayathrilakshmi ... Petitioner Vs
1. State rep. by Inspector of Police, All Women Police Station, Ranipet, Vellore District.
2. Srinivasan ... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. to issue direction to the learned District Munsif cum Judicial Magistrate, Ranipet, Vellore District to dispose of the criminal proceeding in respect of CC No.76 of 2015 within stipulated time.
For Petitioner : Mr.R.Margabandhu For R1 : Mr.C.Emalias, APP ORDER This Criminal Original Petition has been filed seeking a direction to the learned District Munsif-cum- Judicial Magistrate, Ranipet, Vellore District to dispose of the criminal proceedings in CC No.76 of 2015 pending on his file, within a stipulated time.
2. According to the petitioner/wife, she filed a complaint before the first respondent, against the respondent / husband and his relatives, which was registered as FIR in Cr.No.43 of 2014, for the offences punishable under Sections 498(A), 406, 323, 313 and 506(ii) IPC and Section 4 of Dowry Prohibition Act. After completion of investigation, charge sheet was filed before the learned Judicial Magistrate, Ranipet and the same was also taken on file as CC No.76 of 2015. Pending the same, A2 to A6 filed a petition in Crl.O.P.No.23586 of 2016 before this Court to quash the said proceedings in CC No.76 of 2015 and obtained an order of interim stay. Taking advantage of the said order, the accused are delaying the trial and dragging on the proceedings. Therefore, the petitioner has no other option except to approach this Court with the present petition.
3. On the other hand, learned Additional Public Prosecutor, on instructions, submitted that in CC No.76 of 2015, trial has commenced and some witnesses were also examined.
4. In view of the submission so made by the learned Additional Public Prosecutor, this Court directs the learned District Munsif-cum-Judicial Magistrate, Ranipet, Vellore District to complete the trial and dispose of the criminal proceedings in CC No.76 of 2015, pending on his file, on merits and in accordance with law, as expeditiously as possible, preferably, within a period of six months from the date of receipt of a copy of this order.
5. This Criminal Original Petition is disposed of accordingly.
20.03.2017 Index:Yes/No rk To
1. The District Munsif-cum-Judicial Magistrate, Ranipet, Vellore District.
2. The Inspector of Police, All Women Police Station, Ranipet, Vellore District.
3. The Public Prosecutor, High Court, Madras.
R.MAHADEVAN, J rk Crl.O.P.No.4496 of 2017 DATED: 20.03.2017 http://www.judis.nic.in