S.Vallaiammai @ Pavithra v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.04.2024 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI S.Valliammai @ Pavithra ... Petitioner Vs.

1.The Inspector of Police, All Women Police Station, Sivagangai.

2.R.Selvakumar 3.Ramachandran 4.Sulotchana 5.Umadevi

...Respondents

Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to transfer the case in C.C.No.21 of 2021 pending before the learned Additional Mahila Court, Sivagangai and be pleased to order for transferring the same to the Mahila Court, Madurai. For Petitioner : Mr.A.Ganesan For R1 : Mr.P.Kottaichamy Government Advocate (Crl. side)

O R D E R

The petitioner is the defacto complainant in C.C.No.21 of 2021. She has approached this Court for transferring the case, which is pending on the 1/4

file of the Mahila Court, Sivagangai to the Mahila Court, Madurai. 2.The learned counsel for the petitioner submits that she has filed an application under Section 302 of Cr.P.C., to assist the prosecution and the same was allowed. He further submits that the accused are harassing her and therefore, the petitioner is not having any comfort at Sivagangai Mahila Court.

3.This Court considered the rival submissions of the learned counsel for the petitioner.

4.The defacto complainant is an Advocate. She is expected to appear before the Court only during her examination and cross examination. In the event, if anyone has assaulted the petitioner or any attempt is made to do so, she is at liberty to lodge a complaint before the concerned Police Station. The petitioner herself has stated that she has also filed an application under Section 302 of Cr.P.C. for assisting the prosecution and the same has been allowed. The petitioner can also prosecute the case by engaging a counsel. Already a direction has been issued to the Sivagangai Mahila Court to conclude the proceedings within a period of five months and therefore, this Court is not inclined to entertain this application. 2/4

5.In view of the above observations, this petition is dismissed. 15.04.2024 NCC : Yes/No Index : Yes/No Internet:Yes sji To 1.The Additional Mahila Court, Sivagangai.

2.The Inspector of Police, All Women Police Station, Sivagangai.

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

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B.PUGALENDHI,J sji Order made in 15.04.2024 4/4