Madras High CourtCRL OP(MD)/2691/2018disposed of

Arokiya Valentina,D/O.Thomas v. The Inspector Of Police,

2019-09-09Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD)No.2691 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.09.2019

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.2691 of 2018 and Crl.M.P.(MD)No.1238 of 2018 Arokiya Valentina ... Petitioner/ Defacto Complainant -vsState Rep.by The Inspector of Police, All Women Police Station, Thoothukudi, Thoothukudi District.

(Crime No.17 of 2013) ... Respondent/ Complainant Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records and set aside the order of cognizance dated 23.03.2017 in C.C.No.106 of 2017 on the file of the learned Judicial Magistrate No.I,Thoothukudi (presently renumbered as C.C. No.1188 of 2017 on the file of the Judicial Magistrate No.III, Thoothukudi) and direct re-investigation of the F.I.R. in Crime No.17 of 2013 on the file of the respondent herein. For Petitioner : Mr.A.Thiruvadi Kumar For Respondent : Mr.K.Suyambulinga Bharathi, Government Advocate(Crl.side)

ORDER

This Criminal Original Petition has been filed challenging the order of cognizance dated 23.03.2017 in C.C.No.106 of 2017 on the file of the learned Judicial Magistrate No.I,Thoothukudi (presently renumbered as C.C.No.1188 of 2017 on the file of the Judicial Magistrate No.III, Thoothukudi) and consequential direction for re-investigation in Crime No.17 of 2013 on the file of the respondent herein.

2.The learned counsel appearing for the petitioner submitted that the petitioner already filed a protest petition insofar as the order of deleting the name of A2 and A3 from the cognizance and it is pending.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.2691 of 2018 3.Hence, at this stage, this petition cannot be considered. However, concerned Magistrate is directed to consider the petition and pass orders, in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. Accordingly, this Criminal Original Petition is disposed of. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar To 1.The Judicial Magistrate No.I, Thoothukudi.

2.The Judicial Magistrate No.III, Thoothukudi.

3.The Inspector of Police, All Women Police Station, Thoothukudi, Thoothukudi District.

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

+1 CC to M/s.A.THIRUVADI KUMAR, Advocate ( SR-86029[F] dated 10/09/2019 ) Crl.O.P.(MD)No.2691 of 2018 09.09.2019 gns MS/25.09.2019/2P.6C https://hcservices.ecourts.gov.in/hcservices/ 2/2