Madras High CourtCRL OP(MD)/4391/2020disposed of

Kasthuri v. The Sub Inspector Of Police

2020-03-11Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.4391 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.03.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.4391 of 2020 and Crl.M.P.(MD)No.2479 of 2020 Kasthuri ... Petitioner -vs1.The State represented by The Sub-Inspector of Police, All Women Police Station, Cantonment, Trichy.

2.A.Senthilkumar 3.Arunachalam 4.Pandiammal 5.Olammal alias Aswini 6.Karithikaiselvi ... Respondents PRAYER: Petition filed under Section 482 of the Criminal Procedure Code to direct the Additional Mahila Court (Magisterial Level), Trichy to take on the file the petitioner's interlocutory application under Section 302 code of criminal procedure, dated on 27.02.2020 and dispose the same in accordance with law before even proceed with further proceedings.

For Petitioner :

Mr.R.Sundar For Respondent : Mr.A.Robinson Government Advocate (Crl.side)

O R D E R

The petitioner is the defacto complainant in C.C.No.92 of 2018 on the file of the Additional Mahila Court, Trichy. The trial in this case commenced on 27.02.2020. The petitioner is said to have given a petition for conducting her own prosecution. Since the case is pending only before the Mahila Court, it is open to the defacto complainant to file such a petition under Section 302 of Cr.P.C. The grievance of the petitioner is that without passing orders on the said petition, the trial is going ahead. Hence, this Criminal https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.4391 of 2020 Original Petition has been filed.

2.Heard the learned counsel for the petitioner and the learned Government Advocate. Considering the nature of relief to be passed in this Criminal Original Petition, notice to respondents 2 to 6 is dispensed with.

3.The learned counsel for the petitioner placed reliance on the decision of the Hon'ble Supreme Court reported in (2001) 3 SCC 462 in the case of M/s. JK International Vs State Government of NCT of Delhi and others.

4. I am of the view that if an application of this nature can be submitted by the defacto complainant, it is the duty of the trial Court to take up the matter immediately and dispose it of. In this case, the petition itself has not been numbered. The Trial Magistrate need not adopt any technical stand. Therefore, the learned Trial Magistrate is directed to number the petition filed by the petitioner under Section 302 of Cr.P.C., and dispose it of, on merits and in accordance with law before proceeding with the trial. 5.With this direction, this Criminal Original Petition is disposed of. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CO) // True Copy // / /2020 Sub Assistant Registrar(CS) pnn To 1.The Judge, Additional Mahila Court, Trichy. 2.The Sub-Inspector of Police, All Women Police Station, Cantonment, Trichy.

3.Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.R.SUNDAR, Advocate ( SR-11175[F] dated 11/03/2020 ) Crl.O.P.(MD)No.4391 of 2020 11.03.2020 JMN/SAR-3 (13.03.2020) 2P : 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2