Madras High CourtCRL OP(MD)/287/2019disposed of

B.Fathima v. The Inspector Of Police

2021-12-21Honourable Mr Justice K.Murali Shankar2 pages

Crl.O.P.(MD)No.287 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.12.2021

CORAM:

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR Crl.O.P.(MD)No.287 of 2019 and Crl.M.P.(MD)No.122 of 2019 1.B.Fathima 2.S.Nashira Banu ... Petitioners/ Accused 3 & 4 vs.

1.The State represented by The Inspector of Police, All Women Police Station, Dindigul, Dindigul District.

(Crime No.15 of 2018) ... 1st Respondent/ Complainant 2.Radhira Banu ... 2nd Respondent/ Defacto Complainant 3.Saiyed Abuthakir (R3 suo motu impleaded as per order dated 10.11.2021 in Crl.O.P.(MD)No.287 of 2019) ...3rd Respondent PRAYER : Criminal Original Petition filed under Section 482 Cr.P.C, to call for the records in Crime No.15 of 2018 pending investigation on the file of the respondent police and quash the same. For Petitioners : Mr.V.Santhakumaresan For Respondents : Mr.RMS.Sethuraman Additional Public Prosecutor for R1 Mr.S.Bharathy Kannan for R2 No appearance for R3

O R D E R

This criminal original petition has been filed seeking orders to call for the records in Crime No.15 of 2018 pending on the file of the respondent police and quash the same.

2.When the matter was taken up for hearing on 10.11.2021, this Court has suo motu impleaded the third respondent, who is the husband of the second respondent/defacto complainant. 3.Admittedly, the petitioner has not taken any steps to send notice to the third respondent. Moreover, when the matter is taken up for hearing today, the learned Additional Public Prosecutor would https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.287 of 2019 submit that the first respondent has already filed a final report and the case was taken on file in C.C.No.35 of 2021 on the file of the learned Additional Mahila Court, Dindigul and the same is pending for trial. Considering the above, the prayer sought for, has become infructuous.

4.However, the learned trial Magistrate is directed to take necessary steps to serve the summons to the accused and dispose of the case as expeditiously as possible.

5.The learned counsel for the petitioners would submit that the appearance of the petitioners may be dispensed with before the trial Court. Considering the above, the petitioners are at liberty to file a petition under Section 205 Cr.P.C. and on such filing the petition, the learned trial Magistrate is directed to consider the same and pass orders in accordance with law.

6.With the above directions, this Criminal Original Petition is disposed of. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) csm Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Inspector of Police, All Women Police Station, Dindigul, Dindigul District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.S.BHARATHY KANNAN, Advocate ( SR-40130[F] dated 23/12/2021 ) Crl.O.P.(MD)No.287 of 2019 and Crl.M.P.(MD)No.122 of 2019 21.12.2021 RD(12.01.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2