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Madras High CourtCRL OP/28459/2015ordered

Arasammal v. State Rep. By

2015-11-26Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.11.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.28459 of 2015 Arasammal ... Petitioner Vs

1. The State, Rep. by its Inspector of Police, All Women Police Station, Ulundurpet, Villupuram District.

2. Thirunavukkarasu

3. Ragavel

4. Gnanavel ... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. to include the names of the accused person Thirunavukkarasu, Ragahvel, Gnanavel in the additional final report in Crime No.11 of 2012 on the file of All Women Police Station, Ulundurpet in S.C.No.245 of 2014 on the file of Mahila Court, Villupuram. For Petitioners :

Mr.M.Selvam For respondents :

Mr.C.Emalias, Addl.Public Prosecutor for R1

O R D E R

This petition has been filed to include the names of the accused person Thirunavukkarasu, Ragahvel, Gnanavel in the additional final report in Crime No.11 of 2012 on the file of All Women Police Station, Ulundurpet in S.C.No.245 of 2014 on the file of Mahila Court, Villupuram.

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2. Learned counsel for the petitioner submitted though originally the name of respondents 2 to 4 were mentioned in the F.I.R. , at the time of filing the charge sheet, the name of these persons were omitted to be added and the charge sheet has been filed against six accused only. Hence, the present petition.

3. Learned Additional Public Prosecutor submitted that the charge sheet has been filed and the case is pending in S.C.No.245 of 2014 on the file of Mahila Court, Villupuram, and at this juncture, it is not necessary to direct the first respondent to include the name of the accused.

4. Since the charge sheet has already been filed and the case is pending before the Mahila Court, this Court cannot give a positive direction as sought for by the petitioner. However, the petitioner is at liberty to seek her remedy under section 319 Cr.P.C. before the Court below during the course of trial.

5. The criminal original petition is disposed of accordingly.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar vsi To

1. The Inspector of Police, All Women Police Station, Ulundurpet, Villupuram District.

2.The Public Prosecutor, High Court, Madras.

+1 cc to M/S.M.Selvam Advocate sr.64164 Crl.O.P.No.28459 of 2015 aa17/12/2015 https://hcservices.ecourts.gov.in/hcservices/