R.Vinesh Kumar v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 04.02.2019

CORAM

THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.2832 of 2019 R.Vinesh Kumar .. Petitioner Vs State Rep. By The Inspector of Police, V 3, J.J. Nagar Police Station, Anna Nagar, Chennai .. Respondent Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the Hon'ble Trial Court i.e. Learned Principal Sessions and District Judge, Thiruvallur to furnish copies of all the records in Crime No.226 of 2018 filed along with the charge sheet.

For Petitioner : Mr.B.Francis Xavier For Respondents: Mr.T.Shunmugarajeswaran Government Advocate

O R D E R

This petition has been filed to direct the learned Principal Sessions and District Judge, Thiruvallur to furnish copies of all the records in Crime No.226 of 2018 filed along with the charge sheet.

2. The learned counsel for the petitioner would submit that as against the petitioner / accused case has been registered in C.C.No.226 of 2018 for the offence under Sections 376, 450 and 506 (ii) of IPC. Subsequently, the Charge Sheet has been laid and it is pending in PRC.No.24 of 2018. Therefore, he filed a petition under Section 207 of Cr.P.C, seeking the following documents:

i) The medical examination report before the Defacto complainant given by Doctor, Thiruvengateswari of KMC Hospital, Chennai.

ii)The medical report given by Doctor Govindarajan pertaining to the accused.

iii)The medical report given by Doctor Vishnu Rajkumar pertaining to the accused.

iv)The Forensic Report sumitted by

Mr.Baskar, Scientific Department.

v) The statements under Sec.161 Cr.P.C of Honourable Judicial Magistrate 1.

Anitha Ananth-Ambattur 2.Mugizham Bigai- Tiruvallur vi)The copy of statement recorded under Sec. 164 Cr.P.C concerning list witness 1,2,3.

vii)The copy of identification pared issued by the Honourable Judicial Magistrate, Mugizham Bigai, J.M.Spl.Court, Land Grapping case, Thiruvallur.

viii)The copy of charge sheet received by the accused is herewith enclosed.

But the said petition was returned with an endorsement that how this petition is maintainable before the Court. Therefore, he filed the present petition for directing the learned Principal Sessions and District Judge, Thiruvallur to furnish copies of all the records in Crime No.226 of 2018 filed along with the charge sheet.

3. The learned Government Advocate submitted that now the case is committed to Trial Court in S.C.No.8 of 2019 on the file of the learned Mahila Court, Thiruvallur District.

4. Considering the above facts and consideration, the petitioner is directed to file a fresh petition before the the Trial Court in S.C.No.8 of 2019 on the file of the learned Mahila Court, Tiruvallur District and the learned Mahila Court, Tiruvallur District is directed to consider his application and pass orders on merits.

5. With the above directions, this Criminal Original petition is disposed of.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar To

1. The Inspector of Police, V 3, J.J. Nagar Police Station, Anna Nagar, Chennai

2. The Government Advocate, High Court of Madras.

3.The Mahila Court, Tiruvallur District.

+1cc to Mr.B.Francis Xavier, Advocate, S.R.No.9332 Crl.O.P.No.2832 of 2019 RSI(CO) GSP(28/02/2019)