Madras High CourtCRL OP/33429/2014dismissed

Sumathy v. The Superintendent Of Police

2019-10-24Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 24.10.2019

CORAM

THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR Crl.O.P.No.33429 of 2014 Sumathy ..Petitioner Vs

1. The Superintendent of Police, O/o. The Superintendent of Police, Kanchipuram, Kanchipuram District.

2. The Deputy Superintendent of Police, Mamallapuram, Kanchipuram District.

3. The Inspector of Police, Mamallapuram All Women Police Station, Mamallapuram, Kanchipuram District .. Respondents Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the 3rd respondent police to alter F.I.R to include the section as 376, 313 of IPC in Crime No.13 of 2014 on the file of the 3rd respondent.

For Petitioner : No appearance For Respondent : M/s. M. Prabhavathy Addl. Public Prosecutor

ORDER

This petition has been filed seeking to direct the 3rd respondent police to alter F.I.R to include the section as 376, 313 of IPC in Crime No.13 of 2014 on the file of the 3rd respondent.

2. Learned Addl. Public Prosecutor has filed a status report before this Court today stating that the respondent police on 17.2.2015, after obtaining legal opinion, altered the sections into 417, 376(1), 313, 323, 506(ii) IPC and on completion of investigation, they filed charge sheet against the accused before the Judicial Magistrate, Thirukazhukundram and the same was taken on file in PRC.No.23 of 2015 on 27.2.2015 and later, the same was committed to the Court of Sessions in S.C.No.192 of 2015, Mahila 1/2 https://hcservices.ecourts.gov.in/hcservices/

Court, Chengalpet on 01.08.2015. After full fledged trial, the Sessions Court rendered the judgment of acquittal by its judgment dated 4.5.2018.

3. In view of the same, nothing further survives for adjudication in this case . Therefore, this Criminal Original Petition is dismissed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1 The Superintendent of Police, O/o. The Superintendent of Police, Kanchipuram, Kanchipuram District.

2. The Deputy Superintendent of Police, Mamallapuram, Kanchipuram District.

3. The Inspector of Police, Mamallapuram All Women Police Station, Mamallapuram, Kanchipuram District

4. The Public Prosecutor, High Court of Madras.

AKM/04.12.19/2P-5C / Crl.O.P.No.33429 of 2014 2/2 https://hcservices.ecourts.gov.in/hcservices/