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Madras High CourtCRL OP/24023/2015dismissed

C.Arumugam v. The Superintendent Of Police

2015-10-16Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.10.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP. No.24023 of 2015 C.Arumugam .. Petitioner Vs 1.The Superintendent of Police Cuddalore District at Cuddalore.

2.The Inspector of Police Neyveli All Women Police Station Cuddalore District.

3.Mahalakshmi 4.Murugan 5.Ravichandran .. Respondents Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondent police to alter the Charge Sheet in Spl.SC.No.20 of 2015 pending on the file of the learned Sessions Judge, Mahila Court, Cuddalore by including the respondents 3 to 5 as accused No.7, 8 and 9 and thereby direct the learned Sessions Judge, Mahila Court, Cuddalore and try the same in accordance with law.

For Petitioners :

Mr.M.V.Muralidharan for Mr.B.Gopalakrishnan For R1 & R2 :

Mr.C.Emalias, Addl.Public Prosecutor

ORDER

This petition has been filed by the accused in this case to implead respondents 3 to 5 as A7, A8 and A9 in this case.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the State. https://hcservices.ecourts.gov.in/hcservices/

3. It is seen that investigation in Cr.No.7 of 2014 was completed and Final Report has been filed in Spl.S.C.No.20 of 2015 against this petitioner and co-accused for offences under Sections 506(i) and 109 IPC and Sections 9, 10 and 11 of Child Marriage Act r/w Section 10(17) of POCSO Act. In the considered opinion of this Court, there is no sufficient materials to implead respondents 3 to 5.

4. Under such circumstances, a direction as prayed for cannot be granted, since there are no materials as against respondents 3 to 5 warranting them to be impleaded as accused. Accordingly, this petition stands dismissed.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar gms To 1.The Superintendent of Police Cuddalore District at Cuddalore.

2.The Inspector of Police Neyveli All Women Police Station Cuddalore District.

3. Sessions Judge, Mahila Court, Cuddalore.

4.The Public Prosecutor, High Court, Madras.

Crl.OP No.24023 of 2015 aa05/11/2015 https://hcservices.ecourts.gov.in/hcservices/