CRL OP(MD). No.2867 of 2020

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

(Criminal Original Jurisdiction)

Wednesday, the Twenty Sixth day of February Two Thousand and Twenty

PRESENT

The Hon'ble Mr.Justice A.D.JAGADISH CHANDIRA

CRL OP(MD). No.2867 of 2020

Amutha ... Petitioner/Defacto Complainant

Vs

State rep.by

The Inspector of Police,

Thalamuthunagar Police Station, Thoothukudi District.

(In Crime No.620/2015).

...Respondent/Complainant

Prayer :-

Criminal Original Petition filed under section 482 of Criminal

Procedure Code, praying this Court to direct the Judicial Magistrate

No.II, Thoothukudi to commit P.R.C.No. 45/2016 to the Principal

District and Sessions Judge, Thoothukudi and to expedite the trial

and to complete the trial within the time stipulated this Court.

ORDER:-

Criminal Original Petition coming up for hearing on this day

and upon perusing the petition and the affidavit filed in support

thereof and upon hearing the arguments of Mr. S.Muniyandi, Advocate

for the Petitioner and of Mr. S.Chandrasekar, Additional Public

Prosecuter on behalf of the Respondent, this Court made the

following order:

The learned counsel appearing for the petitioner would submit

that the petition has been filed seeking direction to the learned

Judicial Magistrate No.II, Thoothukudi to commit the PRC No. 45 of

2016 to the learned Principal District and Sessions Judge,

Thoothukudi and expedite the trial and complete the trial within a

stipulated time that may be fixed by this Court.

2. It is the case of the petitioner/defacto complainant that

the final report has been filed during the year 2016 and the case is

still pending for committal in PRC No. 45 of 2016 before the

learned Judicial Magistrate No.II, Thoothukudi for the past Three

years. On the earlier occasion, this Court has directed the

Registrar to call for the report from the learned Judicial

Magistrate No.II, Thoothukudi regarding the reason for delay and

this Court has received the report from the trial Court.

1/3

https://hcservices.ecourts.gov.in/hcservices/

CRL OP(MD). No.2867 of 2020

3. In the report, it had been stated that the final report was

filed by the respondent police on 14.11.2016 and the same was

numbered on 14.11.2016 and posted to 10.01.2017 for appearance of

the accused. It had been further stated that though, several

summons were issued to the Inspector of Police, Thalamuthunagar

Police Station on 06.01.2017, 11.08.2017, 07.11.2019 and 19.02.2020,

the Inspector of Police had not taken any steps to produce the

accused on summons.

4. It is a case of a single accused. For the past three years

no steps have been taken by the respondent police to serve summons

on the accused. This Court is appalled with the manner the matter is

being dealt by the police. Due to the non service of summons on

the accused the matter is pending committal for three years

unnecessary delays cause frustration to victim. It has been brought

to the notice of this Court that several Sessions cases are pending

at the stage of committal for several seven years due to non service

of summons on the accused. The learned Principal District Judge,

Thoothukudi is directed to prepare the list of cases pending

committal beyond six months of the P.R.C being numbered and taken on

file in all Judicial Magistrate Courts in Thoothukudi Town alone and

report it to this Court within a period of Four Weeks, from the date

of receipt of a copy of the order. He shall also direct the

Superintendent of Police, Thoothukudi District to ensure that the

summons are served through the respective police stations at the

earliest.

5. Registry is directed to mark the copy of the order to the

Superintendent of Police, Thoothukudi and to the Principal District

Judge, Thoothukudi.

6. Post the matter after Four Weeks fo