Dismissed

R.Rani v. the State of Tamil Nadu, Rep.by

Madras HC21 Apr 2021CRL OP/7437/2021

Case brief

AI extract

What is this about?

This petition under Section 482 CrPC sought to direct police to investigate four new accused persons. The court held that investigation was completed and the petitioner should approach the trial court under Section 319 CrPC for including them.

What did the court decide?

Petitioner allowed to approach trial court to file petition under Section 319 CrPC for including omitted accused.

R.Rani Vs the State of Tamil Nadu, Rep.by — Madras HC (2021) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 21.04.2021

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CORAM:

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THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

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Crl.OP.No.7437 of 2021

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R.Rani ...Petitioner

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Versus
1.The State of Tamil Nadu,
Represented by the Superintendent of Police,
Vellore District, Vellore.
2.The Deputy Superintendent of Police,
Tirupattur, Vellore District.
3.The Inspector of Police,
Jolarpet Police Station,
Jolarpet, Vellore District.

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...Respondents

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PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the third respondent, Inspector of Police, Jolarpet Police Station, Jolarpet, Tirupattur District to conduct further investigation in Crime No.327 of 2019 pursuant to the complaint of the petitioner dated 09.07.2020.

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For Petitioner : Mr.T.M.Hariharan For Respondents: Mr.M.Mohamed Riyaz, Additional Public Prosecutor

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ORDER

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The petitioner is the defacto complainant in Crime No.327 of 2019. The grievance of the petitioner is that she had lodged a complaint on 10.04.2019 with the third respondent, which was registered in CSR.No.297 of 2019 dated 12.04.2019. Thereafter, there was no progress in the investigation and the petitioner moved this Court in Crl.OP.No.31087 of 2019 and on 04.12.2019, the learned Additional Public Prosecutor submitted before the Court that FIR has been registered in Crime No.327 of 2019 under Section 427 and 506(ii) of IPC. Hence, the petition was dismissed as infructuous on the same day.

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

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In the original complaint, the petitioner had given the names of the four accused and also stated that some other miscreants were involved in the case. Now the grievance of the petitioner is that though she made a representation to the respondent police on 09.07.2020 stating the names of four more persons who were involved in the case, the respondent police has filed charge sheet only against four accused who were mentioned in the original complaint.

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The learned Additional Public Prosecutor submits that the investigation is completed and charge sheet is also filed before the concerned trial court on 25.09.2019. If the petitioner has got any grievance, she can approach the trial court and file a protest petition or a petition under Section 319 of Cr.P.C. and it is for the trial court to proceed on the materials placed before it.

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Considering the submissions, the petitioner is at liberty to approach the trial court and seek appropriate relief for the left out accused by filing a protest petition or a petition under Section 319 of Cr.P.C. The trial court shall consider the petition to be filed by the petitioner, may pass appropriate orders for further investigation or any other relief as deemed fit.

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With the above observations, this petition is disposed

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of. s/d-

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Assistant Registrar

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True Copy Sub-Assistant Registrar

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mbi To 1.The Superintendent of Police, Vellore District, Vellore. 2.The Deputy Superintendent of Police, Tirupattur, Vellore District. 3.The Inspector of Police, Jolarpet Police Station, Jolarpet, Vellore District.

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

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4.The Public Prosecutor, Madras High Court, Chennai.

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+1 CC to Mr.T.M. Hariharan, Advocate sr 24268.

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Crl.OP.No.7437 of 2021

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PL(CO) SP(20/05/2021)

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

R.Rani v. the State of Tamil Nadu, Rep.by

Case brief

What is this about?

What did the court decide?

R.Rani v. the State of Tamil Nadu, Rep.by

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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