Rasina Bervin Vs The State Represented by the Inspector of Police — Madras HC (2026) — LawSathi Research

Rasina Bervin Vs The State Represented by the Inspector of Police — Madras HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

With the above observations, the Criminal Original Petition was disposed of: the respondent Police were directed to form a special party and execute the pending non-bailable warrant (filing a memo before the Trial Court if the accused remains elusive), the Trial Court was to consider splitting up the case and proceeding further, and both the Trial Court and the Police were requested to act expeditiously.

Issue for consideration

Whether the High Court should direct the Judicial Magistrate, Additional Mahila Court, Coimbatore to dispose of C.C.No.2787 of 2019 within a stipulated time, given that the trial had been pending seven years and a non-bailable warrant remained pending against the third accused.

Court's answer

The respondent Police shall form a special party and try to execute the non-bailable warrant pending against the third accused.

Ratio / Principle

If the accused remains elusive, the respondent Police shall file appropriate information by way of a memo before the Trial Court.

Key takeaways

Thereafter, the Trial Court shall consider splitting up the case and proceeding with the matter further.ratio¶20
The Trial Court was requested to complete the case as expeditiously as possible, and the Police to execute the non-bailable warrant as expeditiously as possible.ratio¶21

Detailed headnote1 paragraphs

Madras High Court (D. Bharatha Chakravarthy, J.) disposed of CRL OP No. 19638 of 2026, filed under Section 528 of BNSS by Rasina Bervin, seeking a direction to the Judicial Magistrate, Additional Mahila Court, Coimbatore to dispose of C.C.No.2787 of 2019 (arising from Crime No.744 of 2018, Podanur Police Station, Coimbatore) within a stipulated time. Noting the case had been pending seven years with eleven of thirteen witnesses examined and that a non-bailable warrant was pending against the third accused, the Court directed the respondent Police to form a special party and execute the warrant, to file a memo before the Trial Court if the accused remained elusive, upon which the Trial Court was to consider splitting up the case and proceeding further; the Trial Court and Police were requested to act expeditiously.

CRL OP No. 19638 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23-07-2026

CORAM

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY CRL OP No. 19638 of 2026

Rasina Bervin

..Petitioner(s)

Vs

The State Represented by The Inspector of Police, Podanur Police Station, Coimbatore. Crime No.744 of 2018.

..Respondent(s)

Prayer: This Criminal Original Petition is filed under Section 528 of BNSS, praying to direct the Honourable Judicial Magistrate, Additional Mahila Court, Coimbatore to dispose the case in C.C.No.2787 of 2019 within a stipulated time period fixed by this Honourable Court and pass such other suitable orders as this Honoruable Court deems fit and proper.

For Petitioner(s): Mr.Kamalanathan N

For Respondent(s): Mr.R.Rajasekaran, Government Advocate (Crl. Side)

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CRL OP No. 19638 of 2026

ORDER

The prayer in the Petition is to dispose the C.C.No.2787 of 2019.

It is seen that the case is pending for the past seven years. There are totally thirteen witnesses and already 11 witnesses were examined. The case is now pending because the non-bailable warrant is pending against the third accused.

Therefore, the respondent Police shall form a special party and try to execute the non-bailable warrant. If the accused remains elusive, appropriate information be filed by way of a memo before the Trial Court and thereafter, the Trial Court shall consider splitting up the case and proceeding with the matter further.

With the above observations and requesting the Trial Court to complete the case as expeditiously as possible and directing the Police to execute the

non-bailable warrant as expeditiously as possible, the Criminal Original Petition stands disposed of.

23-07-2026

Neutral Citation: No PVS

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https://www.mhc.tn.gov.in/judis

CRL OP No. 19638 of 2026

To

The Judicial Magistrate, Additional Mahila Court, Coimbatore 2. The Inspector of Police Podanur Police Station, Coimbatore. Crime No.744 of 2018. 3. The Public Prosecutor, High Court, Madras

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CRL OP No. 19638 of 2026

D.BHARATHA CHAKRAVARTHY, J.

PVS

CRL OP No. 19638 of 2026

23-07-2026

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https://www.mhc.tn.gov.in/judis