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Judgment
Sathi Kumar Sukumara Kurup, J
The learned Counsel for the Petitioner submitted that the Petitioner is the de- facto Complainant in Crime No.596 of 2014. After investigation, the Respondent Police had filed final report which is taken on file and the learned Judicial Magistrate had committed to Court of Sessions. The Court of Sessions has renumbered the case as S.C.No.213 of 2018. It is the submission of the learned Counsel for the Petitioner that the Petitioner's nephew sought further investigation by filing petition in Crl.O.P. (MD).No.20331 of 2022, seeking further investigation in the sessions case in S.C.No.213 of 2018. After hearing the submissions of the learned Government Advocate and the learned Counsel for the Petitioner, this Court vide order dated 25.11.2022 had dismissed the petition filed by the nephew of the present Petitioner/ de-facto Complainant.
It is the case of the Petitioner that the Petitioner's sister died. As per the case of the Petitioner, she was killed by the accused in Crime No.596 of 2014, by setting her ablaze by pouring kerosene on her. The deceased sister was a retired School Teacher. To grab the land by force, the accused in the case had demolished the house of the deceased sister and the Petitioner herein, for which the deceased protested. Therefore, the accused in this case is alleged to have poured kerosene on the sister of the Petitioner and set her ablaze resulting in her death. Now the sessions trial had proceeded before the Trial Court. The Petitioner filed a petition in Crl.M.P.No.3050 of 2023 in S.C.No.213 of 2018 before the Trial Court, seeking permission to receive the documents filed by her. The same was dismissed by the learned Principal District and Sessions Judge, Tiruchirappalli on 04.08.2023, stating that the documents had not been handed over by the de-facto Complainant to the Investigation Officer at the earliest point of time. Therefore, it cannot be considered as relevant for the sessions trial. Aggrieved by the same, the Petitioner had come before this Court seeking to set aside the order of dismissal in Crl.M.P.No.3050 of 2023 in S.C.No.213 of 2018 dated 04.08.2023.
The learned Government Advocate (Criminal Side) seeks time to file detailed counter.
Hence, the case is adjourned to 26.02.2024 to enable the prosecution to file detailed counter.
The learned Sessions Judge shall proceed with the trial. The witnesses herein shall be examined subsequent to the orders passed by this Court in Crl.O.P.(MD). No.15770 of 2023. If possible, the learned Judge shall adjourn the case. It is left open to the discretion of the learned Principal District and Sessions Judge, Tiruchirappalli for examination of the witness Chinnammal L.W.2 and she can be examined later. After the order passed in Crl.O.P.(MD).No.15770 of 2023, the trial shall proceed from 27.02.2024. The learned Judge if possible shall relegate the examination of L.W.2 after the decision in Crl.O.P.(MD).No.15770 of 2023.
Post the case on 26.02.2024 at 2.15 p.m.