Madras High CourtCRL OP(MD)/20337/2021dismissed

Sindhanai Arasu v. The Inspector Of Police

2021-12-20Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.20337 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.12.2021 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.20337 of 2021 and Crl.M.P.(MD)No.11551 of 2021 1.Sindhani Arasu 2.Jeyam 3.M.Seeman Jegadeesh ... Petitioners/Accused 1 to 3 Vs.

1.The State Rep. by The Inspector of Police, Anna Nagar Police Station, Madurai City.

(Crime No.2053 of 2021) ... Respondent / Complainant 2.Chella Meenakshi ... Respondent / Defacto Complainant Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records relating to the FIR in Crime No.2053 of 2021 on the file of Anna Nagar Police Station, Madurai City and quash the same as illegal.

For Petitioners : Mr.S.Ajmeer Kaja For Respondents : Mr.E.Antony Sahaya Prabahar, Addl. Public Prosecutor for R1.

O R D E R

This criminal original petition has been filed to quash the impugned FIR in Crime No.2053 of 2021 registered on the file of the first respondent.

2.As rightly pointed out by the learned Additional Public Prosecutor, this criminal original petition is not maintainable for the simple reason that vide order dated 10.12.2021 made in Crl.O.P.(MD)No.19561 of 2021, I had already directed the Commissioner of Police, Madurai City to issue proceedings for transferring the case to the Inspector of Police, All Women Police Station, Thallakulam, Madurai District. I had also indicated that it would be unfair to prosecute the second respondent herein for the offence under Section 309 of IPC. Therefore, an alteration report will be filed by Inspector of Police, All Women Police Station, Thallakulam, deleting the offence under Section 309 of IPC registered against the second respondent herein. The case https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.20337 of 2021 will be proceeded further against the petitioners alone for the offences under Section 498(A) of IPC etc. I make it clear that issuance of these directions will not prejudice the petitioners in any manner. All their contentions are left open. After the filing of the alteration report by Inspector of Police, All Women Police Station, Thallakulam, it is open to the petitioners herein to move this Court again for any appropriate relief. I reiterate that all the contentions and defences of the petitioners are left open.

3.This criminal original petition is dismissed with the aforesaid directions. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (P&A) // True Copy // / /2022 Sub Assistant Registrar(CS) ias 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, Anna Nagar Police Station, Madurai City.

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

Copy to The Inspector Of Police, All Women Police Station, Tallakulam, Madurai.

+1 CC to M/s.S.AJMEER KAJA, Advocate (SR-39548[F] dated 20/12/2021) Crl.O.P(MD)No.20337 of 2021 20.12.2021 NSN(CO) SB(07.01.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2