Madras High Court
Arumainayagam vs The Inspector Of Police on 10 November, 2022
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
1/5
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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
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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),
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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.
https://www.mhc.tn.gov.in/judis
CRL.O.P (MD) No.540 of 2022
SATHI KUMAR SUKUMARA KURUP, J.
vsd
CRL.O.P (MD) No.540 of 2022
10.11.2022
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