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Judgment
M.Nirmal Kumar, J
The learned counsel for the petitioner filed additional typed set of papers and submitted that after contest, the Family Court, Tirunelveli, finding that the petitioner herein has been subjected to harassment and cruelty at the hands of the second respondent/de-facto complainant, granted divorce to him on 16.09.2022 in D.O.P.No.67 of 2021. She submitted that neither the de-facto complainant nor her counsel is appearing before this Court and hence, there is a delay in the said case to reach its logical end. She further submitted that despite an order of interim stay granted by this Court on 17.12.2021, which has been periodically extended, the respondent Police filed charge sheet and the same has been taken on file as C.C.No.1800 of 2023, by the learned Judicial Magistrate No.V, Tirunelveli. She also submitted that in spite of oral direction by this Court to the respondent Police to maintain status quo and not to precipitate the case and to inform the second respondent about the pendency of the case, the respondent Police filed the charge sheet.
The learned Additional Public Prosecutor for the first respondent submitted that in this case, interim stay has been granted on 17.12.2021. Again, when the matter came up for hearing on 03.02.2022, this Court extended the interim stay already granted for a period of two weeks i.e., upto 17.02.2022. Thereafter, it was not periodically extended. Further, in this case, investigation has been completed and the charge sheet was made ready on 21.04.2023 and on 10.05.2023 the same has been filed before the Judicial Magistrate Court No.V, Tirunelveli, through e-filing after following directives of the Hon'ble Supreme Court in Asian Resurfacing of Road Agency Private Limited and another vs. Central Bureau of Investigation reported in 2022 (10) SCC 592, wherein it has been held that no stay is perpetual and the stay granted is only for a limited period of six months, unless it is extended, the same is deemed to be vacated automatically. In the present case, the interim stay already granted has not been extended from time to time. For this reason, charge sheet has been filed and not with any other purpose. He further submitted that the first respondent Police would inform the Trial Court about the present stage of the case.
The learned Additional Public Prosecutor also submitted that first respondent Police visited the de-facto complainant's house, where she is not available and her parents are also not disclosing her whereabouts. The respondent Police had informed about the pendency of the case to the family members of the second respondent.
In view of the specific finding given by the Family Court, Tirunelveli, in D.O.P.No.67 of 2021, vide order dated 16.09.2022, that the petitioner has been subjected to harassment and cruelty at the hands of the second respondent/de-facto complainant and the Family Court, Tirunelveli, granted divorce to him on 16.09.2022 in D.O.P.No.67 of 2021, there shall be an order of interim stay of further proceedings in C.C.No.1800 of 2023, on the file of the Judicial Magistrate Court No.V, Tirunelveli, pending disposal of the Criminal Original Petition.
Finding that the case is kept pending without any progress for want of second respondent's/de-facto complainant's instructions, this Court appoints Mr.K.Seenu Ramachandran [Enrol.No.1599/2014], 122, Railway Feeder Road, Virudhunagar [Mobile.9629883943] as Legal Aid Counsel for the second respondent. The learned counsel for the petitioner is directed to furnish copies of petition and typed set of papers to him.
After passing the above order, the counsel on record viz., Mr.M.M.Manivel Pandian, for the second respondent/de-facto complainant appears before this Court and submits that he is appearing for the second respondent/de-facto complainant and undertake that he will appear for the second respondent on the next hearing date and put forth his arguments. The said submission is placed on record.
List the matter on 11.08.2023.