Regina Fatima Marie Saint Jacques v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Regina Fatima Marie Saint Jacques Represented through her Power Agent Muruganantham .....

Petitioner VS The Inspector of Police, Odiansalai Police Station, Puducherry.

.....

Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Code of Criminal Procedure, to set aside the returned docket order dated 18.04.2024 in Crl.M.P.SR.No.1032/2024 in S.C.No.21 of 2019 on the file of the III Additional Sessions Judge, Puducherry to number the petition and proced the same in the file of III Additional Sessions Judge, Puducherry.

For Petitioner : Mr.G.Prabhakar For Respondent : Mr.K.S.Mohandoss Public Prosecutor (Puducherry)

O R D E R

This Criminal Original Petition has been filed challenging the docket order dated 18.04.2024 in Crl.M.P.SR.No.1032 of 2024 in S.C.No.21 of 2019 on the file of the III Additional Sessions Judge,

Puducherry, thereby returned the application filed under Section 319 of Cr.P.C.

2. The petitioner is the defacto complainant in S.C.No.21 of 2019. The prosecution had examined nearly 34 witnesses. Therefore, in order to add some more accused persons based on the deposition of the prosecution witnesses, the petitioner filed an application under Section 319 of Cr.P.C to add other accused persons. However, the Trial Court, without even numbering the same, returned it on the grounds of merits. The Trial Court should not have rejected the application without even numbering it or passing orders on merits.

3. In view of the above, the docket order dated 18.04.2024 in Crl.M.P.SR.No.1032 of 2024 in S.C.No.21 of 2019 on the file of the III Additional Sessions Judge, Puducherry, is hereby set aside. The petitioner is directed to re-present the application under Section 319 of Cr.P.C and the Trial Court is directed to take the application on file and pass orders on merits and in accordance with law.

4. With the above direction, this Criminal Original Petition

stands disposed of.

19.02.2025 Index : Yes/No : Yes/No Speaking/non-speaking order Lpp To

1. The III Additional Sessions Judge, Puducherry

2. The Inspector of Police, Odiansalai Police Station, Puducherry.

3. The Public Prosecutor, Puducherry.

G.K.ILANTHIRAIYAN, J.

Lpp 19.02.2025

Crl.O.P.No.4482 of 2025 G.K.ILANTHIRAIYAN, J.

Today, this matter has been listed under the caption "For being mentioned" at the instance of the learned counsel for the petitioner.

2. The learned counsel appearing for the petitioner seeks return of original copy of the petition filed in Crl.M.P.SR.No.1032 of 2024 in S.C.No.21 of 2019.

3. Considering the submission made by the learned counsel for the petitioner, the Registry is directed to return the original copy of the petition filed by the petitioner in Crl.M.P.SR.No.1032 of 2024 in S.C.No.21 of 2019, forthwith.

21.03.2025 mn Note:- Issue order copy on 21.03.2025 Copy to The Section Officer, VR Section.

G.K.ILANTHIRAIYAN, J.

mn Crl.O.P.No.4482 of 2025 21.03.2025