This Criminal Original Petition is filed under Section 482 of the Criminal Procedure Code, to direct the learned Judicial Magistrate, Padmanabhapuram to commit the case in PRC.No.37 of 2016 to the Sessions Court, Nagercoil for speedy trial to be conducted within a stipulated time that may be fixed this Court.
2. Heard Mr.T.Jeen Joseph, learned counsel appearing for the petitioner and Mr.K.Anbarasan, learned Government Advocate (Crl.Side) appearing for the respondent and perused the records.
3.The petitioner is the wife of the victim and informant in Crime No.55 of 2016, which was initially filed for the offences under Section
302 of IPC., and then altered into
Sections 120(b),34 and
302 of IPC., on the file of the respondent police.
4.The learned counsel for the petitioner states that there are three accused in this case and that the accused were driving a car with an intention to murder the petitioner's husband. After investigation, the offence was altered into
Sections 120(b),34 and
302 of IPC., and after investigation charge sheet also filed before the learned Judicial Magistrate, Padmanabhapuram on 16.06.2016. However, despite the matter being posted on several occasions, the same is not committed to the Sessions Court, Nagercoil, due to dilatory tactics adopted by the accused persons.
5.In the said circumstances, having regard to the nature of the allegations and the facts and circumstances of the case, this Court is of the view that proper direction may be issued to the learned Judicial Magistrate, Padmanabhapuram to expedite the committal proceedings. Hence, this Court directs the learned Judicial Magistrate, Padmanabhapuram, to commit the case in PRC.No.37 of 2016 to the Sessions Court, Nagercoil for speedy trial within a period of two weeks from the date of receipt of the copy of this order.
6. With the above direction, this Criminal Original Petition is disposed of.
To
1. The Judicial Magistrate Court, Padmanabhapuram
2.The Inspector of Police, Thiruvattar Police Station, Kanyakumar District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
.