S.Indira Gandhi v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.10.2018

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No.13233 of 2015 and M.P.(MD).No.1 of 2015 S.Indira Gandhi .. Petitioner Vs.

1.The Commissioner of Police, O/o, the Commissioner of Police, Trichy City.

2.The Inspector of Police, All Women Police Station, Trichy Fort, Trichy City.

3.The Deputy Superintendent of Police, CBCID, No.2, Khaja Main Street, Mannarpuram, Near Jamal Mohammed College, Trichy 620 020.

.. Respondents PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to issue a direction directing the respondent No.1 to withdraw the case in Crime No.20 of 2014 U/s. 20 Rule 20 (w) of Juvenile Justice Care and protection Act 2000 and section 9 (b) (d) and 11 of protection of Children from Sexual offences Act, 2012 on the file of the respondent No.2, dated 16.10.2014 and entrust the same to respondent No.3 for an investigation of the case by a competent officer and file a final report before the Jurisdictional Magistrate within the time stipulated by this Hon'ble Court.

For Petitioner : Mr.T.Lajapathi Roy For Respondents : Mr.APG.Ohm Chairma Prabhu Government Advocate (Crl. Side)

O R D E R

This quash petition is filed to issue a direction directing the respondent No.1 to withdraw the case in Crime No.20 of 2014 on the file of the respondent No.2, dated 16.10.2014 and entrust the same to respondent No.3 for an investigation of the case by a competent officer and file a final report before the Jurisdictional Magistrate within the time stipulated by this Hon'ble Court. 2.The learned Government Advocate (Crl. Side) would submit that the investigation in crime No. 20 of 2014 on the file of the 2nd respondent has been completed and the complaint has been closed on 30.06.2015 as 'Mistake of Fact'.

3.Recording the said submission made by the learned Government Advocate (Crl. Side), this petition is dismissed as infructuous. However, the petitioner is at liberty to file a https://hcservices.ecourts.gov.in/hcservices/

private complaint before the appropriate Court. Consequently, connected miscellaneous petition is also dismissed. Sd/ Assistant Registrar(CS-I) /True copy/ Sub Assistant Registrar(CS-II) To 1.The Commissioner of Police, Trichy City.

2.The Inspector of Police, All Women Police Station, Trichy Fort, Trichy City.

3.The Deputy Superintendent of Police, CBCID, No.2, Khaja Main Street, Mannarpuram, Near Jamal Mohammed College, Trichy.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1cc to Mr.T.Lajapathi Roy, Advocate, SR.No.91579 Crl.O.P.(MD).No.13233 of 2015 tm KK/RP/SAR-2/04.12.2018/2P-6C https://hcservices.ecourts.gov.in/hcservices/