Madras High CourtCRL OP/8723/2013dismissed

K.Kumutha v. The Sub Inspector Of Police

2019-04-05Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.04.2019

CORAM

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Crl.O.P.No.8723 of 2013 and M.P.No.1 of 2013 K.Kumutha ... Petitioner Vs.

1.The State, Rep. by the Sub-Inspector of Police, Ambur Taluk Police Station, Vellore District.

2.The Deputy Superintendent of Police, (CBCID), O/o. The Deputy Superintendent of Police (CBCID), Vellore - 632 002, Vellore District.

(Cr.No.179 of 2013) ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to withdraw the Crime No.179 of 2013 on the file of the first respondent and transfer the same to the second respondent and direct the second respondent to investigate the same.

For Petitioner : Mr.R.Amardeep For Respondents : Mr.Hari Hara Arun Soma Sankar Government Advocate (Crl. Side)

O R D E R

Criminal Original Petition filed to withdraw the Crime No.179 of 2013 on the file of the first respondent and transfer the same to the second respondent and direct the second respondent to investigate the same.

2.The petitioner is the defacto complainant. On her complaint in Crime No.179 of 2013 FIR came to be registered on 22.02.2013 for the offences under Sections 498(A), 506(i) IPC and Section 4 of Women Harassment Act.

3.The learned Government Advocate (Crl. Side) submits that the investigation in this case has been completed and charge sheet has been produced.

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

4.On perusal of the same, it is seen that investigation has been completed and charge sheet made ready as early as on 11.10.2013. Even approval from the Additional Public Prosecutor had been obtained on 03.10.2013. Thereafter, there is no explanation as to why the charge sheet has not been filed before the Judicial Magistrate Court, Ambur.

5.In view of the same, the respondent police is directed to file the charge sheet before the concerned Judicial Magistrate Court, Ambur and the concerned Judicial Magistrate has to take up the charge sheet on file, if it is otherwise in order, within a period of two weeks from the date of receipt of a copy of this order.

6.In view of the above, this Criminal Original Petition is dismissed. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar ah To 1.The Judicial Magistrate, Ambur.

2.The Sub-Inspector of Police, Ambur Taluk Police Station, Vellore District. 3.The Deputy Superintendent of Police,(CBCID), O/o. The Deputy Superintendent of Police (CBCID), Vellore - 632 002, Vellore District.

4.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.8723 of 2013 CSL/25.06.2019 https://hcservices.ecourts.gov.in/hcservices/