Madras High Court
Annapoorani vs State Represented By on 22 July, 2020
Author: P.N.Prakash
Bench: P.N.Prakash
Crl.R.C.No.591 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.07.2020
CORAM:
THE HONOURABLE Mr.JUSTICE P.N.PRAKASH
Crl.R.C.No.591 of 2020
Annapoorani,
D/o.G.Murugan,
F1-Rose Court,
1st Main Road, Venkatesapuram,
Vandalur,
Kancheepuram – 600 048. .. Petitioner
Vs.
State represented by
The Inspector of Police,
W-27, Vadapalani All Women
Police Station,
Chennai – 600 026. .. Respondent
Criminal Revision filed under Section 397 r/w 401 Cr.P.C., to set
aside the order dated 14.11.2018 passed in C.M.P.No.2485 of 2018 in
Crime No.12 of 2016 on the file of the Judicial Magistrate Court No.I,
Poonamallee.
For Petitioner : Annapoorani
Party-in-Person
For Respondent : Mr.K.Madhan
Government Advocate
(Crl.Side)
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Crl.R.C.No.591 of 2020
ORDER
This case is taken up through video conferencing.
2. This criminal revision has been filed seeking to set aside the order dated 14.11.2018 passed in C.M.P.No.2485 of 2018 in Crime No.12 of 2016 on the file of the Judicial Magistrate Court No.I, Poonamallee.
3. The issue involved in this case lies in a very narrow compass.
4. It is the case of Annapoorani that she is a divorcee; after divorce, she gave an advertisement in Sai Sankara Matrimony disclosing her full status, for re-marriage; she was allotted the distinctive No.SS Matri 3776; one Karthik gave an advertisement in Sai Sankara Matrimony and was allotted the distinctive No.SS Matri 2508; he approached her and told her that he is also a divorcee and is willing to marry her; thereafter, both of them were in touch with each other and on 29.07.2016, he invited her to his house for marriage talks; when she went there, there was none in the house 2/10 http://www.judis.nic.in Crl.R.C.No.591 of 2020 and he seduced her; thereafter, when she started insisting for marriage, he was very elusive; Annapoorani informed everything to Karthik's parents viz., Sattanathan and Vijayalakshmi, but, they did not come to her rescue; Annapoorani, later on, learnt that Karthik had not obtained divorce from his first wife and he had misrepresented to her that he is a divorcee.
5. On these allegations, Annapoorani gave a complaint to the respondent/police, on which, no action was taken by the police. Therefore, she filed a petition under Section 156 Cr.P.C. before the XXIII Metropolitan Magistrate, Saidapet. On the directions of the Magistrate, the police registered a case in Crime No.12 of 2016 on 11.11.2016 for the offences under Sections 406, 420 and 506 (II) IPC against Karthik (A1), Sattanathan (A2) and Vijayalakshmi (A3).
6. Sattanathan (A2) and Vijayalakshmi (A3) filed Crl.O.P.No.4615 of 2017 under Section 482 Cr.P.C. for quashing the FIR, which was allowed by this Court on 17.01.2018 without hearing Annapoorani.
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7. Karthik (A1) filed Crl.O.P.No.10695 of 2017 under Section 482 Cr.P.C. for quashing the FIR, which was dismissed by this Court on 17.01.2018.
8. The police completed the investigation in Crime No.12 of 2016 and filed a closure report before the Judicial Magistrate Court No.I, Poonamallee. Annapoorani appeared before the Judicial Magistrate Court No.I, Poonamallee and filed an affidavit, purportedly a protest application. However, the Magistrate, in C.M.P.No.2485 of 2018 in Crime No.12 of 2016, has, by the impugned order dated 14.11.2018, accepted the closure report filed by the police, challenging which, Annapoorani is before this Court.
9. This Court heard Annapoorani, Party-in-Person and Mr.K.Madhan, learned Government Advocate (Crl.Side) for the respondent/State and also carefully perused the records. 4/10 http://www.judis.nic.in Crl.R.C.No.591 of 2020
10. The police have filed the closure report on the ground that Annapoorani had not produced any witness or document to prove that she was seduced by Karthik on 29.07.2016. One cannot understand as to how documents and witnesses will be available when an offence of this nature takes place within the four walls of a bed room in a house.
11. Be that as it may, the Judicial Magistrate No.I, Poonamallee has accepted the findings of the police implicitly without application of mind and without understanding the nature of allegations made by Annapoorani in her complaint. In the affidavit that was filed by Annapoorani before the Judicial Magistrate No.I , Poonamallee, she has submitted the SMS messages and certain other documents in a compact disc. The learned Magistrate has given the following reasons for accepting the closure report:
“,t;tHf;fpy; Mtz';fisa[k; g[fhh;jhuh;
jug;g[ rj;jpa gpukhd thf;FKyk; kw;Wk;
Mtz';fis ghprPyid bra;ag;gl;ljpYk;.
,t;tHf;fpy; ghjpf;fg;gl;l egh; jug;gpy; tHf;if
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Crl.R.C.No.591 of 2020
kW tprhuiz bra;anth. TLjy; tprhuiz
bra;anth nfhhp kD vJt[k; jhf;fy; bra;ag;glhj epiyapYk; tHf;F vjphpf;F vjpuhf Kjy; nehf;F tHf;F ,y;iy vd;W g[yd;tprhuiz mjpfhhpapd;
,Wjp mwpf;if Vw;Wf; bfhs;sg;gl;L ,Wjp Kot[
fhz;fpwJ/ vdnt tHf;if Koj;J
cj;jutplg;gLfpwJ/ ”
12. A reading of the above shows that the Magistrate has taken on file the affidavit filed by Annapoorani, but has stated that Annapoorani has not asked for further investigation or re-investigation in the prayer.
13. In the opinion of this Court, just because the aggrieved victim had not prayed for a particular relief in the protest affidavit, the Court is not denuded of the power to pass appropriate orders as enumerated in the judgment of the Supreme Court in Bhagwat Singh vs. Commissioner Of Police and Another1. When a closure report is filed by the police, the Magistrate should order notice to the de facto complainant and hear him. Admittedly, in this case, Annapoorani has filed a protest application with 1 1985 (2) SCC 537 6/10 http://www.judis.nic.in Crl.R.C.No.591 of 2020 certain documents, photographs and compact disc, which has been numbered as C.M.P.No.2485 of 2019 in Crime No.12 of 2016. Even without looking into the protest application filed by Annapoorani, if the Magistrate is satisfied from the materials collected by the police and submitted along with the closure report, that there are materials for taking cognizance, he can ignore the closure report and take cognizance of the offences revealed from the materials under Section 190(1)(b) Cr.P.C. and issue process to the accused. Another course that is open is, the Magistrate can consider the materials filed by the police along with the closure report and the protest application and the materials filed by Annapoorani and can still accept the closure report, but he should given reasons for that. Yet, the third course is, the Magistrate can consider the materials filed by the police along with the closure report and the protest application and the materials filed by Annapoorani and order further investigation under Section 156(3) Cr.P.C. Therefore, the aforesaid reason given by the Judicial Magistrate No.I , Poonamallee, for accepting the closure report filed by the police suffers from the vice of impropriety and illegality warranting interference by this Court.
7/10 http://www.judis.nic.in Crl.R.C.No.591 of 2020 As a result, this criminal revision petition is allowed by setting aside the order dated 14.11.2018 passed in C.M.P.No.2485 of 2018 in Crime No.12 of 2016 on the file of the Judicial Magistrate Court No.I, Poonamallee and the matter is remanded to the Judicial Magistrate Court No.I , Poonamallee, for going through the police records thoroughly and the protest application and materials filed by Annapoorani and pass appropriate orders as held by the Supreme Court in Bhagwat Singh (supra). Opportunity of hearing should be afforded to Annapoorani by the Judicial Magistrate No.I , Poonamallee.
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1. The Judicial Magistrate No.I, Poonamallee.
2. The Inspector of Police, W-27, Vadapalani All Women Police Station, Chennai – 600 026.
3. The Public Prosecutor, Madras High Court, Chennai – 600 104.
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nsd Crl.R.C.No.591 of 2020 22.07.2020 10/10 http://www.judis.nic.in