Madras High Court
S.Kumaresan vs The State Represented By on 27 January, 2022
Crl.OP(MD) No.4893 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 27.01.2022
CORAM:
THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR
CRL.OP(MD)No.4893 of 2019
and
Crl.M.P(MD) Nos.3038, 3039 of 2019 and 4092 of 2021
S.Kumaresan ... Petitioner/ Sole Accused
-vs-
1. The State Represented by
The Inspector of Police,
Nesamani Nagar Police Station,
Nesamani Nagar,
Kanyakumari District.
(Crime No. 163 of 2018) .... 1st Respondent/Complainant
2. Lavanya .... 2nd Respondent /Defacto Complainant
PRAYER : Criminal Original Petition filed under Section 482 Cr.P.C, to
call for the records in connection with C.C.No.521 of 2018, on the file of
the Hon'ble Additional Mahila Court (Magisterial Level), Nagercoil,
Kanyakumari District in connection with Crime No.163 of 2018, on the file
of the Inspector of Police, Nesamani Nagar Police Station, Nesamani Nagar,
Kanyakumar District.
1/6
https://www.mhc.tn.gov.in/judis
Crl.OP(MD) No.4893 of 2019
For Petitioner : Mr.S.Palani Velayutham
For R1 : Mr.M.Muthumanikkam
Government Advocate (Crl Side)
For R2 : Mr.T.Antony Arul Raj
ORDER
The above Criminal Original Petition has been filed seeking orders to
call for the records in C.C.No.521 of 2018, pending on the file of the
Additional Mahila Court (Magisterial Level), Nagercoil, Kanyakumari
District and quash the same.
2. The petitioner is the sole accused in C.C.No. 521 of 2018, on the
file of the Additional Mahila Court, (Magisterial Level), Nagercoil,
Kanyakumari District.
3. On the basis of the complaint lodged by the second respondent,
FIR came to be registered for the alleged offences under Sections 427,
294(b), 323 and 506(ii) of IPC and under Section 4 of Tamil Nadu
Prohibition of Harassment of Woman Act, 2002.
https://www.mhc.tn.gov.in/judis
Crl.OP(MD) No.4893 of 2019
4. The first respondent, after completing the investigation, has laid
the final report dated 13.10.2018 against the petitioner herein for the alleged
offences under Sections 294(b), 323, 427, 506(ii) of IPC and under Section
4 of Tamil Nadu Prohibition of Harassment of Woman Act, 2002 and the
case was taken on file in C.C.No.521 of 2018 and the same is pending
before the Additional Mahila Court, (Magisterial Level), Nagercoil,
Kanyakumari District.
5. When the matter is taken up for hearing today, the learned counsel
for the petitioner would submit that since the petitioner is aged about 76
years, it would suffice, that the personal appearance of the petitioner may
be dispensed with.
6. The learned counsel for the second respondent would submit that
since the case is pending from the year 2019, the trial Court may be directed
to dispose of the case within the time frame fixed by this Court.
https://www.mhc.tn.gov.in/judis
Crl.OP(MD) No.4893 of 2019
7. Considering the aforesaid submission and also taking note of the
limited prayer now sought for by both the parties, without expressing any
opinion with regard to the merit of the case, this Court directs the learned
Additional Mahila Court, (Magisterial Level) Nagercoil, Kanyakumari
District to complete the trial and to dispose of the case as expediously as
possible, preferably, within a period of six months from the date of receipt
of a copy of this order. The appearance of the petitioner before the Court
below shall be dispensed with and he is directed to appear at the time of
examination of the eyewitness, questioning under Section 313 Cr.P.C and at
the time of judgment and also for the hearings specifically directed by the
trial Court.
8. With the above directions, this Criminal Original Petition is
disposed of. Consequently, the connected Criminal Miscellaneous Petitions
are closed.
27.01.2022
Index : Yes / No
Internet : Yes / No
ebsi
https://www.mhc.tn.gov.in/judis
Crl.OP(MD) No.4893 of 2019
Note :
In view of the present lock down owing to COVID-19
pandemic, a web copy of the order may be utilized for
official purposes, but, ensuring that the copy of the
order that is presented is the correct copy, shall be the
responsibility of the advocate / litigant concerned.
To
1. The Inspector of Police,
Nesamani Nagar Police Station,
Nesamani Nagar,
Kanyakumari District.
2. The Additional Mahila Court,
(Magisterial Level), Nagercoil,
Kanyakumari District.
3. The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
Crl.OP(MD) No.4893 of 2019
K.MURALI SHANKAR,J.
ebsi
CRL.OP(MD)No.4893 of 2019
and
Crl.M.P(MD) Nos.3038, 3039 of 2019 and 4092 of 2021
27.01.2022
https://www.mhc.tn.gov.in/judis
