CRL.O.P (MD) No.540 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 10.11.2022
CORAM
THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP
CRL.O.P (MD) No.540 of 2022
Arumainayagam ...Petitioner
Vs.
1.The Inspector of Police,
All Women Police Station,
Ambasamudiram,
Tirunelveli District.
(In Crime No.18 of 2016
S.C.No.96 of 2017)
2.The Inspector of Police,
Veeravanallur Police Station,
Tirunelveli District.
(In Crime No.175 of 2016
S.C.No.95 of 2017) ...Respondents
PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C,
praying to issue a suitable direction to the Additional District Court No.II
for PCR Act Cases, Tirunelveli, to complete the trial of the Cases in S.C.No.
95 of 2017 and S.C.No.96 of 2017.
For Petitioner : Ms.P.Jessi Jeeva Priya
For Respondents: Mr.B.Nambiselvan
Additional Public Prosecutor
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CRL.O.P (MD) No.540 of 2022
ORDER
This Criminal Original Petition has been filed to issue a suitable direction to the learned II Additional District Judge (PCR Cases), Tirunelveli, to complete the trial in S.C.No.95 of 2017 and S.C.No.96 of 2017.
2.When the case came up for hearing on earlier occasion, the learned Counsel for the Petitioner submitted that this Petition has been filed seeking early disposal of the case in S.C.Nos.95 of 2017 and 96 of 2017. At that time, the learned Additional Public Prosecutor submitted that it is a case and counter. Therefore, this Court had sought remarks from the learned II Additional District Judge (PCR Cases), Tirunelveli and the adjourned the case to 10.11.2022.
3.Today, when the case came up for hearing the learned II Additional District Judge (PCR Cases), Tirunelveli, had offered his the remarks in letter D.No.2199/2022, dated 08.11.2022. As per the remarks offered by the learned II Additional District (PCR Cases), Tirunelveli, both the cases are not the case and counter. It is a case registered against the very same 2/5 https://www.mhc.tn.gov.in/judis CRL.O.P (MD) No.540 of 2022 accused/Arumainayagam in S.C.No.95 of 2017. The complainant/Parvathi is the mother of the deceased Ramu. The deceased Ramu alleged to have committed suicide by consuming pesticide and Parvathy, the mother of the deceased, Ramu, had lodged the complaint. Based on which, final report had laid before the Court concerned and after committal, it had been numbered as S.C.No.95 of 2017 for the offences under Sections 306 of IPC and Sections 3(2)(Va) of SC/ST (PoA) Act, 1989.
4. The other case numbered as S.C.No.96 of 2017 based on the complaint of the deceased Ramu for the offences under Sections 417, 376, 506(I) IPC and 3(1)(w)(ii) of SC/ST (PoA) Act, 2015 and the Special Public Prosecutor conducting the said cases and there is no necessity for seeking service of a Special Public Prosecutor for the other case. Both the cases can be conducted by the Special Public Prosecutor and it is not the case and counter.
5. The learned Additional Public Prosecutor submits that the case in S.C.No.95 of 2017 is posted for cross examination of Investigation Officer on 16.11.2022. The learned II Additional District Judge (PCR Cases), 3/5 https://www.mhc.tn.gov.in/judis CRL.O.P (MD) No.540 of 2022 Tirunelveli, is directed to dispose of the case one after other within a reasonable period of two months after completion of the arguments. After delivering the judgment, the other case can be immediately taken up for trial.
6.With a above direction, this Criminal Original Petition stands disposed of.
10.11.2022 Index:Yes/No vsd To
1.The Inspector of Police, All Women Police Station, Ambasamudiram, Tirunelveli District.
2.The Inspector of Police, Veeravanallur Police Station, Tirunelveli District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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