Partly allowed

Usha Vijayakumar v. The Sub Inspector of Police

Madras HC14 Jun 2023CRL OP(MD)/10232/2023

Case brief

AI extract

What is this about?

Petitioner challenged the alteration report deleting an accused and penal provisions without prior notice. Court set aside the cognizance order regarding the deleted accused and directed the Magistrate to serve notice within fifteen days, while noting the matter is closed for those who admitted guilt and paid fines.

What did the court decide?

Cognizance order set aside only for deleted accused; Judicial Magistrate directed to serve notice to petitioner within 15 days; order inapplicable to accused who admitted offense and paid fines.

Usha Vijayakumar Vs The Sub Inspector of Police — Civil Procedure and Limitation | Madras HC (2023)

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Crl.O.P.(MD)No.10232 of 2023

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iBEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 14.06.2023

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CORAM:

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THE HONOURABLE MR.JUSTICE G.ILANGOVAN

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Crl.O.P.(MD) No.10232 of 2023

Usha Vijayakumar

... Petitioner

Vs.

1.The Sub-Inspector of Police, Kollemcode Police Station, Kanniyakumari District.

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2.Ananthu

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3.Maheshwari

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4.Ajitha ... Respondents

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PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records and to Set-aside the alteration report filed by the respondent No.1, dated 21.02.2021, before the Learned Judicial Magistrate No.II, Kuzhithurai, Kanyakumari District, in Cr.No.66/2021 in STC No.621/2021 on the file of the respondent.

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For Petitioner : Mr.J.Pandi Dorai

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For Respondent : Mr.B.Nambiselvan for R1 Additional Public Prosecutor

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O RDER

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This criminal original petition has been filed to call for the records

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.(MD)No.10232 of 2023

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and to Set-aside the alteration report filed by the respondent No.1, dated 21.02.2021, before the Learned Judicial Magistrate No.II, Kuzhithurai, Kanyakumari District, in Cr.No.66/2021 in STC No.621/2021 on the file of the respondent.

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2.The grievance of the petitioner is that by deleting one Ananthu from the case and also deleting some of the penal provisions, alteration report has been filed before the learned Judicial Magistrate No.II, Kulithalai, on 21.02.2021.

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3.The learned Additional Public Prosecutor would submit that against two accused persons namely Maheshwari and Ajith, final report has been filed and they have also appeared before the learned Judicial Magistrate No.II, Kulithalai and admitted their offence in S.T.C.No.621 of 2021 and paid the fine amount of Rs.1,000/-.

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4.The grievance of the petitioner is that either at the time of filing deleting report or at the time of taking cognizance, by the learned Judicial Magistrate No.II, Kulithalai, notice was not served upon him to express his grievance or remedy. On that ground this petition has been filed.

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Crl.O.P.(MD)No.10232 of 2023

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5.Perusal of records shows that no such notice has been sent to the

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petitioner at the time of deletion. On that ground the order of taking cognizance is set aside and the learned Judicial Magistrate No.II, Kulithalai, is directed to serve notice to the petitioner. So that he can appear and make his grievance redressed. The above said process be completed within a period of fifteen days from the date of receipt of a copy of this order. It is also made clear that this order will apply only in respect of the deleted accused and not for the accused persons, who have already appeared, admitted the offence and paid the fine amount.

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6.With the above said directions, this criminal original petition

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stands disposed of.

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14.06.2023

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NCC : Yes/No Index : Yes/No Internet : Yes/No TM

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1.The Judicial Magistrate No.II, Kulithalai, Kanniyakumari District.

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2.The Sub-Inspector of Police, Kollemcode Police Station, Kanniyakumari District.

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Crl.O.P.(MD)No.10232 of 2023

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

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G.ILANGOVAN. J.

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Crl.O.P.(MD) No.10232 of 2023

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14.06.2023

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Usha Vijayakumar v. The Sub Inspector of Police

Case brief

What is this about?

What did the court decide?

Usha Vijayakumar v. The Sub Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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