Madras High CourtCRL OP/20828/2023disposed of

S.Kalaiselvi v. State Rep By

2023-09-12Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.09.2023 CORAM :

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH CRL OP.No.20828 of 2023 S.Kalaiselvi D/o.Chellappan ... Petitioner

Versus

The Inspector of Police, W-7, All Women Police Station, Anna Nagar, Chennai - 600 040.

... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Code of Criminal Procedure praying to set aside the returned docket order dated 31.07.2023 made in unnumbered petition filed under section 156(3) of Criminal Procedure Code on the file of Additional Mahila Court at Egmore, Chennai in CSR No.156 of 2023. For Petitioner : Mr.Raj Kumar Paul For Respondent : Mr.A.Damodaran Additional Public Prosecutor ***** 1/4

O R D E R

This Criminal Original Petition has been filed challenging the docket order passed by the Court below returning the petition filed by the petitioner under Section 156(3) Cr.P.C. on the ground that the Court does not have territorial jurisdiction.

2. Heard Mr.Raj Kumar Paul, learned counsel for the petitioner and Mr.A.Damodaran, learned Additional Public Prosecutor appearing for respondent and carefully pursued the materials available on record.

3. On carefully reading the complaint given by the petitioner, it is seen that the entire cause of action had taken place at Vadapalani and T.Nagar. In view of the same, the Metropolitan Magistrate, Egmore, does not have jurisdiction to entertain the petition and it has been rightly rejected. The concerned jurisdictional police station is at Vadapalani and hence, the complaint/petition has to be presented only before XVII Metropolitan Magistrate, Saidapet.

4. In view of the above, liberty is granted to the petitioner to represent the petition before the XVII Metropolitan Magistrate, Saidapet 2/4

and the concerned Court shall deal with the petition on its own merits and in accordance with law.

5. This Criminal Original Petition is disposed of with the above direction.

Registry is directed to return the original petition filed by learned counsel for petitioner in order to enable the petitioner to represent the petition before the concerned Court.

12.09.2023 Index: Yes/No Speaking Order / Non-Speaking Order rjr/gm To 1.The Additional Mahila Court, Egmore, Chennai.

2.The Inspector of Police, W-7, All Women Police Station, Anna Nagar, Chennai - 600 040.

3.The Public Prosecutor, High Court, Madras.

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N.ANAND VENKATESH, J gm CRL OP.No.20828 of 2023 12.09.2023 4/4