Madras High CourtCRL OP(MD)/18023/2019dismissed

G. Devi v. The Sub Inspector Of Police

2019-12-03Honourable Mr Justice A.D.Jagadish Chandira2 pages

Crl.O.P.(MD) No.18023 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.12.2019

CORAM:

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.(MD) No.18023 of 2019 and Crl.M.P(MD) No.10600 of 2019 G.Devi ... Petitioner Vs.

1. The Sub Inspector of Police All Women Police Station Fort, Trichy

2. S.Muthuganesh ... Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records in C.C.No.59/2015 which is pending before the Learned Additional Mahila (Judicial Magistrate) of Tiruchirappalli and pass necessary order to re-investigate the case. For Petitioner : Mr.V.Om.Prakash For Respondents : Mr.S.Chandrasekar No.1 Additional Public Prosecutor

ORDER

This petition has been filed seeking direction to call for the records in C.C.No.59/2015 which is pending before the Learned Additional Mahila (Judicial Magistrate) of Tiruchirappalli and pass necessary order to re-investigate the case

2. When the matter is taken up for hearing the learned Additional Public Prosecutor would submit that the petitioner had filed petition in Cr.M.P.No.9930 of2019 for re-investigation in C.C.No.59 of 2019 before the Additional Mahila Court (Judicial Magistrate) Tiruchirapalli and the learned Magistrate by an order dated 08.07.2019 dismissed the petition. Against the order of dismissal, the petitioner had earlier preferred revision in Crl.R.C (MD) No. 729of 2019 and it was dismissed by this Court.

3. In the opinion of the Court only a revision is maintainable against the order passed in Crl.M.P.No. 9930 of2019 by the Judicial Magistrate.

4. Having approached this Court by way of revision and withdrawn the same the petitioner cannot approach by way of invoking Section 482 of Cr.P.C.. In the opinion of the Court , the act of the https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.18023 of 2019 petitioner amounts to forum shopping . The above petition is not maintainable. Hence, this petition is dismissed. Consequently connected miscellaneous petition is also closed. Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS ) aav To

1. The Sub Inspector of Police All Women Police Station Fort, Trichy

2. The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai Crl.O.P.(MD) No.18023 of 2019 03.12.2019 MK (17.12.2019) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2