S.Vasuki v. The Home Secretary To
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.09.2021
CORAM
THE HON'BLE Mr. JUSTICE C.V.KARTHIKEYAN Crl.O.P.Nos.22647 of 2016, 15015 and 17220 of 2017 and Crl.M.P.Nos.9472, 9473, 10553 and 10554 of 2017 S.Vasuki .. Petitioner in Crl.O.P.No.22647 of 2016 Suvagarvarma .. Petitioner/Accused No. 5 in Crl.O.P.No.15015 of 2017 Peru.Venkatesan .. Petitioner/Accused No. 6 in Crl.O.P.No.17220 of 2017 Vs.
1. The Home Secretary to Government of Tamil Nadu, Fort St.George, Chennai-600 009.
2. The Special Crime Branch, The Central Bureau of Investigation (CBI) Chennai Besant Nagar, Chennai-600 090.
3. The Additional Superintendent of Police, CBCID, Villupuram Range.
4. The Inspector of Police, Chinna Salem Police Station, Kallakurichi, Villapuram District.
.. Respondents in Crl.O.P.No.22647 of 2016
5. The Additional Superintendent of Police, Crime Branch C.I.D., Villupuram Range, Villupuram.
.. Respondent/Complainant in Crl.O.P.Nos.15015 and 17220 of 2017 Prayer in Crl.O.P.No.22647 of 2016: Criminal Original Petition filed under Section 482 of Cr.P.C., to transfer the investigation of the F.I.R in Crime No.01 of 2016 from the file of the Additional Superintendent of Police, CBCID, Villupuram Range, the 3rd respondent to the Special Crime Branch, Central Bureau of Investigation (CBI) Besant Nagar, Chennai-600 090, for fresh investigation and file the final report as required under Section 170(1) of the Code of Criminal Procedure. Prayer in Crl.O.P.No.15015 of 2017: Criminal Original Petition filed under Section 482 of Cr.P.C., to call for the records pertaining to the case in P.R.C.No.03 of 2017 on the file of the Chief Judicial Magistrate Court at Villupuram and quash the same as illegal, incompetent and ultravires.
Prayer in Crl.O.P.No.17220 of 2017: Criminal Original Petition filed under Section 482 of Cr.P.C., to stay all further proceedings of P.R.C.No.03 of 2017 on the file of the Chief Judicial Magistrate Court at Villupuram, pending disposal of the present Criminal Original Petition.
For Petitioner (in Crl.O.Ps) .. No appearance For Respondent .. Mr.E.Raj Thilak (in all Crl.O.Ps) Government Advocate (Criminal Side) COMMON ORDER There is no representation on behalf of the petitioner in all the Criminal Original Petition. There was also no representation on 31.08.2021.
2.Crl.O.P.No.22647 of 2016 has been filed to transfer the investigation of First Information Report in Crime No.1 of 2016 from the file of the Additional Superintendent of Police CBCID, Villupuram Range, to the Special Crime Branch Central Bureau of Investigation (CBI).
3.Crl.O.P.Nos.15015 of 2017 and 17220 of 2017 have been filed to quash the records relating to P.R.C.No.3 of 2017 on the
file of the Chief Judicial Magistrate Court, Villupuram and to quash the same.
4.With respect to Crl.O.P.No.22647 of 2016, it had been stated that FIR in Crime No.1 of 2016 had been registered under Sections 420, 384 and 306 of IPC r/w 4(b) of the Tamil Nadu Prohibition of Harassment of Woman Act, 1998 initially by the Inspector of Police, Chinna Salem Police Station, Kallakurichi District.
5.In Crl.O.P.Nos.15015 of 2017 and 17220 of 2017, it is informed by Mr.E.Raj Thilak, learned Government Advocate (Criminal Side) that on completion of investigation, charge sheet has been filed and taken file as S.C.No.199 of 2018 and is now pending on the file of the Mahila Court Villupuram and the next hearing date is 30.09.2021. It is also stated that nonbailable warrants issued to the petitioner in Crl.O.P.No.15015 of 2017 and petitioner in Crl.O.P.No.22647 of 2016 had been recalled.
6.In view of the fact that charge sheet has been filed, it would only be appropriate that the petitioners herein participate in the trial proceedings. Let me also not examine the facts in detail, since all matters are subject to analysis of evidence to be adduced before the Trial Court. It is also seen that the petitioners have appeared before the Trial Court and the non-bailable warrants have been recalled. 7.In view of these facts, all the Criminal Original Petitions are dismissed. Consequently, the connected miscellaneous petitions are closed.
Sd/- Assistant Registrar(CJ CONF) //True Copy// Sub Assistant Registrar smv To
1. The Home Secretary to Government of Tamil Nadu, Fort St.George, Chennai-600 009.
2. The Special Crime Branch, The Central Bureau of Investigation (CBI) Chennai Besant Nagar, Chennai-600 090.
3. The Additional Superintendent of Police, CBCID, Villupuram Range.
4. The Inspector of Police, Chinna Salem Police Station, Kallakurichi, Villapuram District.
5. The Additional Superintendent of Police, Crime Branch C.I.D., Villupuram Range.
Villupuram
6. The Public Prosecutor Officer, High Court, Madras. Copy to:
The Section Officer, Criminal Side Record, Madras High Court,Chennai - 600 104.
Crl.O.P.Nos.22647 of 2016, 15015 and 17220 of 2017 and Crl.M.P.Nos.9472, 9473, 10553 and 10554 of 2017 NR(CO) CT(07/10/2021)