A.Rani v. Dy Sup Of Police, Dharmapuri

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.12.2024

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN Rani ... Petitioner Vs.

1. The Deputy Superintendent of Police, Harur-636 908.

Dharmapuri District.

2. The Inspector of Police, AWPS Harur Police Station, Dharmapuri District.

3. M.Akila ... Respondents PRAYER: Criminal Original Petition filed under Section 528 of BNSS, to call for the records in C.C.No.121 of 2024 on the file of the Judicial Magistrate, Harur, Dharmapuri District.

For Petitioner : Mr.Elamparithi For R1 & R2 : Mr.S.Sugendran Additional Public Prosecutor For R3 : No appearance

O R D E R

This Criminal Original Petition has been filed to call for the records in C.C.No.121 of 2024 on the file of the Judicial Magistrate, Harur, Dharmapuri District.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents/police and perused the materials available on record.

3. Learned counsel for the petitioner submitted that based on the complaint by the third respondent/de-facto complianant, the second respondent police registered a case as against the petitioner. Further, the petitioner along with her family members entered into a compromise between the defacto complainant. Based on the same, case in C.C.No.93 of 2024 was also closed by the learned Judicial Magistrate, Harur. Hence she is entitled to get the relief as sought for in this petition.

4. Learned Additional Public Prosecutor appearing for the respondents/police submitted that originally, a charge sheet has been laid as against the three accused including the petitioner and same was taken on file as C.C.No.93 of 2024 on the file of the Judicial Magistrate, Harur. Since the petitioner was absconding, absconding charge sheet was filed and the case in C.C.No.93 of 2024 was split up as against the petitioner and the same was taken on file before the learned Judicial Magistrate, Harur in C.C.No.121 of 2024 and the same is pending. The case in C.C.No.93 of 2024 as against the other accused has been closed.

5. Since the petitioner is an absconding accused and the case as against the petitioner is still pending, she is not entitled to get the relief by invoking under Section 528 of BNSS.

6. In view of the same, this Criminal Original Petition is dismissed. However, the petitioner is at liberty to take all her defence before the trial court.

18.12.2024 mfa Index:Yes/No

Speaking Order: Yes/No To

1. The Deputy Superintendent of Police, Harur-636 908.

Dharmapuri District.

2. The Inspector of Police, AWPS Harur Police Station, Dharmapuri District.

3. The Public Prosecutor, High Court, Chennai.

4. The Judicial Magistrate, Harur, Dharmapuri District.

P.VELMURUGAN, J.

mfa 18.12.2024