K.Jeyanthi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Sixteenth day of July Two Thousand Eighteen PRESENT The Hon`ble Mrs.Justice R.THARANI CRL MP(MD) No.4136 of 2018 IN CRL A(MD) No.184 of 2016 K.JEYANTHI ... PETITIONER/ VICTIM Vs 1 STATE REP.BY THE INSPECTOR OF POLICE VANGAL POLICE STATION, KARUR DISTRICT.

CRIME NO.8 OF 2015 ... RESPONDENT/ COMPLAINANT 2 M.MAHENDRAN ... 2nd RESPONDENT/ APPELLANT/ ACCUSED Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to ASSIST THE PROSECUTION in Crl.A.(MD) No.184 of 2016 on the file of this Honourale Court filed by the 2nd Respondent herein/Accused as against the conviction and sentenced imposed upon him in S.C.NO.91 of 2015 on the file of the Learned Sessions Judge, Fast Track Mahila Court, Karu District.

Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of Mr.N.ANANDAKUMAR, Advocate for the petitioner and of Mr.M.CHANDRASEKARAN, Additional Public Prosecutor for R1 & Mr.P.MURUGESAN, Advocate for R2, the court made the following order:- This Criminal Miscellaneous Petition has been filed seekin permission to the petitioner to assist the prosecution in the Crl.A (MD)No.184 of 2016 in S.C.No.91 of 2015 on the file of the learned Sessions Judge, Fast Track Mahila Court, Karur District.

2. The prosecution case is that on 05.01.2015 at about 3.00 p.m., the second respondent attacked the petitioner on her neck and when the petitioner tried to prevent the attack, her left hand was grievously injured and again he attacked the petitioner on her left leg. A case in Crime No.8 of 2015 on the file of the Vangal Police Station, Karur was registered against the second respondent for the offence punishable under Section 307 of I.P.C. https://hcservices.ecourts.gov.in/hcservices/

3. The second respondent was acquitted from the charge under Section 506(ii) of I.P.C., and was convicted for the offence under Section 307 of I.P.C., and was sentenced to undergo 7 years Rigorous Imprisonment and to pay a fine of Rs.1,000/- in default to undergo one month Simple Imprisonment.

4. On the side of the prosecution, it is stated that this petition is filed by the victim to assist the prosecution and the prosecution has no serious objection over this petition.

5. On the side of the second respondent, it is stated that the petitioner is not a complainant. She is not examined as a witness in this case. The petitioner has not filed any such petition before the trial court and this petition is objected.

6. Records perused. On the side of the petitioner, it is stated that the petitioner is the wife of the second respondent. The second respondent attacked his wife seriously and caused grievous injury on her wrist and neck. The petitioner was not able to appear before the trial court to give evidence, due to the life threat. The complainant is the victim and she is to be given an opportunity to assist the prosecution.

7. In the above circumstances, this Criminal miscellaneous petition is ordered.

sd/- 16/07/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE SESSIONS JUDGE, FAST TRACK MAHILA COURT, KARU DISTRICT.

2. THE INSPECTOR OF POLICE VANGAL POLICE STATION, KARUR DISTRICT.

3. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL MP(MD) No.4136 of 2018 IN CRL A(MD) No.184 of 2016 Date :16/07/2018 MS/PN/SAR-2/02.08.2018/2P.4C https://hcservices.ecourts.gov.in/hcservices/