Madras High Court
Kanimozhi vs Karthick on 24 June, 2021
Author: G.Ilangovan
Bench: G.Ilangovan
Crl.OP(MD).No.3755 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 24.06.2021
CORAM :
THE HONOURABLE Mr. JUSTICE G.ILANGOVAN
Crl.OP(MD).No.3755 of 2021
Kanimozhi ... Petitioner
Vs.
1. Karthick
2. Perumal
3. Sumathi
4. Gain off Spinning Mill,
Admin,
Ottupatti,
Vatalagundu,
Dindigul District.
5. The Inspector of Police,
All Women Police Station,
Nilakottai,
Dindigul District
6. The Superintendent of Police,
Office of the Superintendent of Police,
Dindigul District.
7. The Inspector of Police,
Pattiveeranpatti Police Station,
Dindigul District. ... Respondents
Prayer : Criminal Original Petition is filed under Section 482 of Cr.P.C, to
call for the records pertaining to the docket order passed by the learned
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Crl.OP(MD).No.3755 of 2021
District Mahila Sessions Court, Dindigul dated 08.12.2020 in
Crl.M.P.No.unnumbered of 2020 in Spl.S.C.No.13 of 2019 and set aside the
same, consequently, direct the learned trial Court to take up the petition in
Crl.M.P.unnumbered of 2020 in Spl.S.C.No.13 of 2019 on the file of the
learned District Mahila Court, Dindigul District on the file and take
appropriate action in accordance with law.
For Petitioner : Mr.R.Alagumani
For Respondents : Mr.R.M.Anbunidhi,
Additional Public Prosecutor.
ORDER
This Criminal Original Petition is filed seeking a direction to call for the records pertaining to the docket order passed by the learned District Mahila Sessions Court, Dindigul, dated 08.12.2020 in Crl.M.P.No.unnumbered of 2020 in Spl.S.C.No.13 of 2019, on the file of the learned District Mahila Court, Dindigul District and to take appropriate action in accordance with law.
2. The case of the petitioner that he belongs to the Scheduled Caste Community and she worked in the fourth respondent Mill and the first respondent also worked in the fourth respondent Mill. The first respondent sexually tortured the petitioner and compelled her to love him. She informed that she is a minor. But even thereafter, the first respondent continuously compelled her to love him. On 05.11.2018, the petitioner went to her home https://www.mhc.tn.gov.in/judis/ 2/8 Crl.OP(MD).No.3755 of 2021 town for Diwali holidays, but the first respondent followed her and threatened the petitioner that “if she does not accept the love, he will commit suicide'. The first respondent forced the petitioner to accept his demand and the first respondent has taken the petitioner with him to Madurai and thereafter taken her to Tiruchendur and married her, later the first respondent taken the petitioner to the Kodaikanal and forced her for sexual intercourse several times. The first respondent is a Caste Hindu and when the second and third respondents asked about the caste of the petitioner, she informed that she belongs to Scheduled Caste Community, immediately, the second and third respondents threatened the petitioner that ''if she stays in the house they will strangle her neck and kill her'' and used abusive words against the petitioner by using her caste name. Thereafter, the first respondent taken the petitioner to the Bus-stand and deserted her. Meanwhile, the parents of the petitioner searched the petitioner in the fourth respondent company, but they did not get any proper answer and thereafter they came to know that the first respondent forcibly taken the petitioner. Thereafter, the parents of the petitioner filed a complaint before the seventh respondent and the police officials from the seventh respondent rescued the petitioner and asked the respondents 1 to 3 to accept the petitioner. But the second respondent informed that they are ready to face the case and never accepted the petitioner, who belongs to schedule caste community. The https://www.mhc.tn.gov.in/judis/ 3/8 Crl.OP(MD).No.3755 of 2021 petitioner is a minor at that time and therefore, the seventh respondent threatened the petitioner that if she tells the truth to the fifth respondent, they will foist a case against the father of the petitioner and sent the petitioner to the fifth respondent. Even thereafter, the petitioner informed the truth before the fifth respondent, the fifth respondent informed that they will get justice and take action against the respondents 1 to 3 and also try to get compensation under Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act and the police official of the fifth respondent had given a complaint to the petitioner and compelled the petitioner to copy the complaint by her own. By believing the words of the fifth respondent, the petitioner copied the complaint and submitted before the fifth respondent, but the fifth respondent totally changed the nature of the occurrence and on 10.11.2018 registered an F.I.R in Crime No.12 of 2013 only under Sections 5(i) and 6 of the Protection of Child from Sexual Offences Act, 2012 and failed to include the Section under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The fifth respondent filed a Charge- sheet before the learned District Mahila Sessions Court, Dindigul and the same was taken on file in Spl.S.C.No.13 of 2019 and the petitioner had filed V.C.A.No.6 of 2020 before the trial Court and the same is pending. On 02.11.2020, the petitioner filed Crl.M.P.No.Unnumbered of 2020 in Spl.S.C.No.13 of 2019 before the learned District Mahila Sessions Court, https://www.mhc.tn.gov.in/judis/ 4/8 Crl.OP(MD).No.3755 of 2021 Dindigul and on 04.11.2020 the trial Court returned the above petition by mentioning that the petition in V.C.A.No.6 of 2020 was pending before the trial Court. Thereafter, the petitioner represented the above petition by endorsing that the above petition was only for including Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act against the respondents 1 to 3 and to take action against the respondents 4 to 7 and it will not affect the petition in V.C.A.No.6 of 2020. But even thereafter, the Trial Court has returned the petition by mentioning that the petition was not maintainable. The respondents 1 to 3 are the caste Hindus and she belongs to Schedule Caste Community and also a minor at the time of occurrence. But the fifth respondent registered an F.I.R under POCSO Act and failed to include the Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act. Hence, he filed this petition.
3. Heard both sides.
4. The learned counsel for the petitioner would submit that the above said unnumbered petition before the trial Court seeking for the relief as against the fourth respondent under the provisions of Labour Laws and Department Action against the respondents 5 to 7. For their wilful omission and as well as seeking compensation, the petition came to be returned by the https://www.mhc.tn.gov.in/judis/ 5/8 Crl.OP(MD).No.3755 of 2021 trial Court by making various return endorsements, such as under Sections 4(1) of 2020 & 8(12) of 2020 are not attracted and several defects and also questioned the maintainability of the petition.
5. The learned Additional Public Prosecutor would submit that as per provisions of the SC/ST Act, compensation amount was also paid to the victim. She also received a cheque and encashed the same.
6. Considering the limited question involved in this petition, there shall be a direction to the learned District Mahila Sessions Court, Dindigul to number the petition presented by the petitioner and decide the same on merits after providing opportunity to the parties. A judicial process cannot be decided at an Administrative level, which is not permitted in the present situation. So, the learned District Mahila Sessions Court, Dindigul shall take the petition on file presented by the petitioner and decide the same on merits within a month from the date of receipt of a copy of this order.
7. Registry is directed to return the original petition to the petitioner for the purpose of presenting the same before the concerned Court. The petitioner shall present the same before the concerned Court within 30 days from the date of receipt of a copy of this order.
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8. With the above directions, this Criminal Original Petition stands disposed of.
24.06.2021 Index : Yes/No Internet:Yes/No kmm 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, All Women Police Station, Nilakottai, Dindigul District
2. The Superintendent of Police, Office of the Superintendent of Police, Dindigul District.
3. The Inspector of Police, Pattiveeranpatti Police Station, Dindigul District.
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