Madras High Court
A.R.Salaudeen Abdul Rajack vs State Rep By on 17 December, 2021
CRL.O.P.No.24185 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.12.2021
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
CRL.O.P.No.24185 of 2021
A.R.Salaudeen Abdul Rajack
S/o, Late Abdul Rajack ... Petitioner
Versus
State Rep by
The Inspector of Police,
All Woman Police Station,
Panruti,
Cuddalore District. ... Respondent
PRAYER: Criminal Original Petition filed under Section 482 of the
Code of Criminal Procedure, to direct the Additional Mahila Court,
Judicial Magistrate Level, Cuddalore to dispose C.C.No.619 of 2019
pending trial as expeditiously as possible.
For Petitioner : Mr.V.Sairam
For Respondent : Mr.R.Vinoth Raja
Government Advocate (Criminal Side)
https://www.mhc.tn.gov.in/judis
CRL.O.P.No.24185 of 2021
ORDER
This Criminal Original Petition has been filed by the petitioner to
direct the Additional Mahila Court, Judicial Magistrate Level, Cuddalore
to dispose C.C.No.619 of 2019 pending trial as expeditiously as possible.
2.Grievance of the petitioner is that the case has been kept pending
from the year 2019 without any progress. In order to harass the petitioner,
the defacto complainant and her father wantonly absenting to give
evidence. The Hon'ble Apex Court by an judgment dated 03.02.2021 had
quashed the charge sheet with regard to A2 to A7 and directed the trial
court to expeditiously proceed with the trial. Thereafter also, no progress
in the trial. He had also extracted the adjudication proceedings.
3.Learned Additional Public Prosecutor appearing for the
respondent would submit that totally eight accused in this case and listed
witnesses are L.W.1 to L.W.13. During the pendency of the trial, all the
accused approached this Court for quashing the charge sheet in
Crl.O.P.No.27646 of 2019, which was dismissed, by order, dated
https://www.mhc.tn.gov.in/judis
CRL.O.P.No.24185 of 2021
17.03.2020, against which, the accused approached the Hon'ble Apex
Court in S.L.P.No.5773 of 2020. The Hon'ble Apex Court by order, dated
03.02.2021, quashed the charge sheet against A2 to A7. As regards the
other accused namely A1, A8, the trial was directed to proceed. Initially,
summons were ordered to the witnesses. When the summon was served
to L.W.1, she informed that she was not well and returned the same.
Thereafter, all the Courts below were closed due to COVID-19 pandemic
and finally, during the month of July 2021, fresh summons were issued to
L.W.1 and L.W.2. For one reason or the other, the summons could not be
served to L.W.1 and L.W.2. Again, fresh summons were issued to L.W.1
and L.W.2 and they appeared before the trial court on 13.12.2021. Since
the presiding officer was not sitting on that day, the witnesses could not
be examined and the case again was adjourned. On the next hearing,
L.W.1 to LW3 were interested to appear before the trial Court. He would
further submit that rest of the witnesses can be examined within a short
period. Hence, there is no delay on the side of the prosecution.
https://www.mhc.tn.gov.in/judis
CRL.O.P.No.24185 of 2021
4.It is seen that the trial Court had issued summons to the
witnesses for chief examination then and there. Against the dismissal of
the Quash Petitions filed by the accused, the accused approached the
Hon'ble Apex Court and charge sheet was quashed against A2 to A7.
While being so, blaming the prosecution for delay in progress of the trial,
is not acceptable. The learned counsel, who appeared in this petition,
was also appeared in the Quash Petition filed by the accused and hence,
he knows the delay for the reason.
5.Learned counsel for the petitioner undertakes that the trial Court
counsel would cross examine the witnesses without seeking further
adjournment.
6.In view of the undertaking of the counsel, the trial Court is
directed to complete the trial preferably within a period of four months
from the date of receipt of a copy of this order.
https://www.mhc.tn.gov.in/judis
CRL.O.P.No.24185 of 2021
7.With the above direction, the Criminal Original Petition is
disposed of.
17.12.2021
Index: Yes/No
Internet: Yes/No
mfa
Note: Issue Order Copy on 22.12.2021
To
1. The Additional Mahila Judge,
Additional Mahila Court,
Judicial Magistrate Level,
Cuddalore.
2. The Inspector of Police,
All Woman Police Station,
Panruti,
Cuddalore District.
3. The Public Prosecutor,
High Court,
Madras.
https://www.mhc.tn.gov.in/judis
CRL.O.P.No.24185 of 2021
M.NIRMAL KUMAR, J.
mfa
CRL.O.P.No.24185 of 2021
17.12.2021
https://www.mhc.tn.gov.in/judis
