Maruntheeswari v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.01.2025

CORAM

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Maruntheeswari ... Petitioner Vs.

1.The Superintendent of Police, Sivagangai District.

2.The Deputy Superintendent of Police, All Women Police Station Town, Sivagangai Sub Division.

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

... Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, 2023, seeking to set aside the copy application docket order dated 03.12.2024, made in C.A.(SR)No.2682 of 2024 in Crl.M.P.No.1385 of 2024, on the file of the learned PCR Judge, Sivagangai, and consequently, direct the learned PCR Judge, Sivagangai, to issue a certified copies of the available documents sought for by the petitioner. For Petitioner : Mr.S.Balaji Nivas 1/5

For Respondents : Mr.A.Thiruvadi Kumar Additional Public Prosecutor

ORDER

The petitioner, a Special Sub-Inspector of Police posted at the All Women Police Station in Sivagangai, had a heated argument with one Balamurugan in Sivagangai District on 14.10.2024. Balamurugan, who appeared with his clients, used force and abusive language, which the petitioner objected to. Hence, the said Balamurugan filed a petition under Section 175(3) of the B.N.S.S. for the registration of an F.I.R. in Crl.M.P.No.1385 of 2024. The petitioner claims that Balamurugan, taking advantage of his social status, filed a false complaint. Following the same, the petitioner applied for a copy of the order passed in Crl.M.P.No.1385 of 2024, along with any documents filed and the 'B' diary extracts. However, the trial Court returned the application on 03.12.2024. Hence, the petitioner filed the present petition.

2. The learned Additional Public Prosecutor submitted that an F.I.R. has now been registered against the petitioner in Crime No.849 of 2024 by the Sivagangai Town Police under Section 3(1)(r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

2/5

3. Considering the submissions and on perusal of the materials, it is seen that an F.I.R. has been registered, and the petitioner is now an accused in Crime No.849 of 2024. The petitioner can file a copy application before the lower Court, and the Court may entertain it. Only certified copies of documents that the petitioner, as an accused, is entitled to, can be provided. Accordingly, this Criminal Original Petition is disposed of.

06.01.2025 NCC : Yes / No Index : Yes / No smn2 To 1.The Judge, PCR Court, Sivagangai.

2.The Superintendent of Police, Sivagangai District.

3.The Deputy Superintendent of Police, All Women Police Station Town, Sivagangai Sub Division.

4.The Inspector of Police, All Women Police Station, Sivagangai District.

3/5

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

4/5

M.NIRMAL KUMAR, J.

smn2 Order made in Dated: 06.01.2025 5/5