Ugiline Mary vs The Inspector Of Police on 6 November, 2019

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Madras High Court

Ugiline Mary vs The Inspector Of Police on 6 November, 2019

Bench: G.K.Ilanthiraiyan

                                                                          Crl.O.P.(MD).No.6331 of 2018



                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED : 06.11.2019

                                                      CORAM:

                          THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

                                        Crl.O.P.(MD).No.6331 of 2018
                                                     and
                                         Crl.M.P.(MD)No.3006 of 2018


                 Ugiline Mary                                               ... Petitioner


                                                         Vs.


                 The Inspector of Police,
                 All Women Police Station,
                 Dindigul, Dindigul District.
                  in Cr.No.44/2014                                         ... Respondent


                 PRAYER: This Criminal Original Petition has been filed under Section 482
                 of Criminal Procedure Code, to transfer the case in S.C.No.5 of 2016 on
                 the file of Learned Additional Sessions Mahila (Fast Track) Dindigul to
                 Learned Additional Sessions Mahila Court, Karur.


                                     For Petitioner      : Mr.S.Balaji

                                     For Respondent      : Mr.R.Anandharaj
                                                           Additional Public Prosecutor




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                                                                        Crl.O.P.(MD).No.6331 of 2018



                                                 ORDER

This petition has been filed to transfer the case in S.C.No.5 of 2016 on the file of the Additional Sessions Mahila (Fast Track) Court, Dindigul to the Additional Sessions Mahila Court, Karur.

2.The learned counsel for the petitioner would submit that the accused person has been charged for the offence under Sections 417 and 376 I.P.C. When the charge is under Section 376 Cr.P.C. as per Section 327 (2) Cr.P.C., the entire trial should be conducted “in camera”, whereas the Presiding Officer conducted trial in the open Court.

3. The learned Additional Public Prosecutor would submit that now the Presiding Officer has been transferred to some other Court and the said Court's Presiding Officer is some other Judge.

4. Considering the above facts and circumstances, the transfer of case in S.C.No.5 of 2016 would not serve any purpose to the petitioner.

However, the trial Court viz., Additional Sessions Mahila (Fast Track Court) Court, Dindigul, is directed to conduct trial “in camera” as per Section 327(2) Cr.P.C.

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http://www.judis.nic.in Crl.O.P.(MD).No.6331 of 2018

5. With the above direction, this Criminal Original Petition is disposed of. Further the trial Court is directed to complete the trial within a period of six months from the date of receipt of a copy of this order.

Consequently, connected Miscellaneous Petition is closed.

06.11.2019 Ls To

1.The Additional Sessions Mahila Court, (Fast Track Court) Dindigul .

2.The Inspector of Police, All Women Police Station, Dindigul, Dindigul District.

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

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http://www.judis.nic.in Crl.O.P.(MD).No.6331 of 2018 G.K.ILANTHIRAIYAN, J.

Ls Crl.O.P.(MD).No.6331 of 2018 06.11.2019 4/4 http://www.judis.nic.in

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