1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.03.2011 CORAM: THE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAH Crl.O.P.(MD).No.2614 of 2011 Uthayalakshmi ... Petitioner/Defacto Complainant Vs The Inspector of Police All Women Police Station Andipatti Theni District CC NO.89 of 2010 ... Respondent/Complainant PRAYER: Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned Judicial Magistrate, Andipatti, to expedite trial proceedings in C.C.no. 89 of 2010 on its file and to pronounce Judgment either way within 4 weeks from the date of orders. *** For Petitioner : Dr. L.J.Soundararajan For Respondent : Mr.L.Murugan Government Advocate (Crl. Side) O R D E R This Criminal Original Petition has been filed to direct the learned Judicial Magistrate, Andipatti, to expedite trial proceedings in C.C.no. 89 of 2010 on its file and to pronounce Judgment either way within 4 weeks from the date of orders. 2. Heard Dr. L.J.Soundararajan, learned counsel appearing for the petitioners and Mr.L.Murugan, learned Government Advocate (Criminal Side) appearing for the respondent. 3. The learned counsel for the petitioner would submit in his argument that the petitioner is the de-facto complainant and only on her complaint, a case has been registered in Crime No. 13 of 2009 on the file of the respondent police and the charge sheet has also been filed, which was taken on file in C.C.No. 89 of 2010 by the learned Judicial Magistrate, Andipatti and the same is pending before the said Court. He would further submit in his argument that the matter has been kept pending before the said Court from the date of taking cognizance of the case, and on the absconding of the fourth accused, the case has been adjourned on several occasions and it is not expeditiously disposed of by splitting up the case. He would further submit in his argument that unless the case is split up and proceeded further, it cannot be disposed of and therefore, suitable directions may be issued to the learned https://hcservices.ecourts.gov.in/hcservices/ 2 Judicial Magistrate, Andipatti, to expeditiously dispose of the case within a period of four weeks. 4. The learned Government Advocate (Crl. Side) would submit in his argument that the case is posted before the learned Judicial Magistrate, Andipatti, on 08.03.2011, for splitting up the case and the order of splitting up the case will be passed on that day and thereafter, the case will be taken up against the other accused and the respondent police will give utmost co-operation to dispose of the case within a short span of time and therefore, suitable orders may be issued to expeditiously dispose of the case. 5. Considering the submissions made on both sides, this Court could understand that the case was taken on file in C.C.No. 89 of 2010 by the learned Judicial Magistrate, Andipatti, on a complaint lodged by the petitioner, which was registered in Crime No. 13 of 2009 on the file of the respondent police and the charge sheet has also been filed and the same is pending. The fourth accused is absconding and therefore, the case has been periodically adjourned. As per the submissions made on either side, this Court could further understand that the case has been registered under Section 498(A) of IPC and Section 4 of TNPHW Act and 406 of IPC. The learned Government Advocate (Crl. Side) would submit that the case would be split up, on 08.03.2011, by the Trial Court and the trial will be commenced expeditiously and it can be disposed of soon. 6. Recording the submission of the learned Government Advocate (Crl. Side), this Court is inclined to direct the Trial Court to split up the case, if no appearance of the fourth accused or any other accused made on that day, against whom, the Non-Bailable Warrant has been issued, and to proceed with the other accused and dispose of the case expeditiously within a period of six weeks from the date of splitting up of the case. 7. With the above direction, this Petition is disposed of. SD/- Assistant Registrar(CO) /True copy/ Sub Assistant Registrar To 1. The Judicial Magistrate, Andipatti 2. The Inspector of Police All Women Police Station Andipatti, Theni District 3. The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai +1 CC TO MR.L.J.SOUNDARARAJAN, ADVOCATE S.R NO. 10933 Crl.O.P.(MD).No.2614 of 2011 01.03.2011 vsg PAM 04.03.2011/5C/2P https://hcservices.ecourts.gov.in/hcservices/