Madras High CourtCRL OP(MD)/732/2015closed

Poongothai v. The Inspector Of Police

2019-08-29Honourable Mr Justice G.R.Swaminathan2 pages

CRL.O.P.(MD)No.732 of 2015 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.08.2019 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN CRL.O.P.(MD)No.732 of 2015 Poongothai ... Petitioner/Complainant Vs.

The Inspector of Police, Cantonment Police Station, Trichy - 01. ... Respondent Prayer:Criminal Original petition is filed under Section 482 of Cr.P.C., to direct the Special Mahila Magistrate, Thiruchirappalli, to take on file the case in Crime No.72 of 2009 and commit the same within a reasonable time frame to the Principal District and Sessions Judge, Thiruchirappalli for framing of charge and conduct trial as early as possible.

For Petitioners : M/s.T.Banumathi For Respondent : Mr.A.Robinson, Government Advocate(Crl.Side).

ORDER

The petitioner herein is the defacto complainant in Crime No.72 of 2009 on the file of the Cantonment police station, Trichy City. It is a case registered for the offences under Sections 376 (2)(c), 420 and 506(ii) of I.P.C.

2. Heard the learned counsel on either side.

3. The case of the complainant is that the investigation officer has filed the final report to the effect that the case should be closed as "Mistake of fact". Aggrieved by the same, the petitioner has filed a protest petition. Her grievance is that it is not being committed to the Sessions Court.

4. When this Criminal Original petition came up for final disposal, it is brought to my notice that the protest petition filed by the petitioner herein suffered a dismissal for non-prosecution on https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P.(MD)No.732 of 2015 07.04.2017. Therefore, nothing survives for further adjudication in this Criminal Original petition.

5. This Criminal Original petition is therefore closed as infructuous. Liberty is given to the petitioner to work out her rights in the manner known to law.

Sd/- Assistant Registrar () // True Copy // Sub Assistant Registrar(CS) To

1. The Special Mahila Magistrate, Thiruchirappalli.

2. The Principal District and Sessions Judge, Thiruchirappalli.

3. The Inspector of Police, Cantonment Police Station, Trichy - 01.

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

+1 CC to M/s.T.BANUMATHY, Advocate ( SR-84710[F] dated 30/08/2019 ) CRL.O.P.(MD)No.732 of 2015 29.08.2019 pmu SDS (17.12.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2