REGINA FATIMA MARIE SAINT JACQUES v. THE INSPECTOR OF POLICE,
CRL OP/4482/2025 · 2025-02-19
G K Ilanthiraiyan
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 55388 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 55388 (MAD) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Crl.O.P.No. 4482 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 19.02.2025
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No. 4482 of 2025 Regina Fatima Marie Saint Jacques Represented through her Power Agent Muruganantham ..... Petitioner VS The Inspector of Police, Odiansalai Police Station, Puducherry. ..... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Code of Criminal Procedure, to set aside the returned docket order dated 18.04.2024 in Crl.M.P.SR.No.1032/2024 in S.C.No.21 of 2019 on the file of the III Additional Sessions Judge, Puducherry to number the petition and proced the same in the file of III Additional Sessions Judge, Puducherry. For Petitioner : Mr.G.Prabhakar For Respondent : Mr.K.S.Mohandoss Public Prosecutor (Puducherry) O R D E R This Criminal Original Petition has been filed challenging the docket order dated 18.04.2024 in Crl.M.P.SR.No.1032 of 2024 in S.C.No.21 of 2019 on the file of the III Additional Sessions Judge, https://www.mhc.tn.gov.in/judis
Crl.O.P.No. 4482 of 2025 Puducherry, thereby returned the application filed under Section 319 of Cr.P.C.
2. The petitioner is the defacto complainant in S.C.No.21 of
2019. The prosecution had examined nearly 34 witnesses. Therefore, in
order to add some more accused persons based on the deposition of the prosecution witnesses, the petitioner filed an application under Section 319 of Cr.P.C to add other accused persons. However, the Trial Court, without even numbering the same, returned it on the grounds of merits. The Trial Court should not have rejected the application without even numbering it or passing orders on merits.
3. In view of the above, the docket order dated 18.04.2024 in Crl.M.P.SR.No.1032 of 2024 in S.C.No.21 of 2019 on the file of the III Additional Sessions Judge, Puducherry, is hereby set aside. The petitioner is directed to re-present the application under Section 319 of Cr.P.C and the Trial Court is directed to take the application on file and pass orders on merits and in accordance with law.
4. With the above direction, this Criminal Original Petition https://www.mhc.tn.gov.in/judis
Crl.O.P.No. 4482 of 2025 stands disposed of. 19.02.2025 Index : Yes/No Neutral citation : Yes/No Speaking/non-speaking order Lpp To
1. The III Additional Sessions Judge, Puducherry
2. The Inspector of Police, Odiansalai Police Station, Puducherry.
3. The Public Prosecutor, Puducherry. https://www.mhc.tn.gov.in/judis
Crl.O.P.No. 4482 of 2025 G.K.ILANTHIRAIYAN, J. Lpp
Crl.O.P.No. 4482 of 2025 19.02.2025 https://www.mhc.tn.gov.in/judis
Crl.O.P.No. 4482 of 2025 Crl.O.P.No.4482 of 2025 G.K.ILANTHIRAIYAN, J. Today, this matter has been listed under the caption “For being mentioned” at the instance of the learned counsel for the petitioner.
2. The learned counsel appearing for the petitioner seeks return of original copy of the petition filed in Crl.M.P.SR.No.1032 of 2024 in S.C.No.21 of 2019.
3. Considering the submission made by the learned counsel for the petitioner, the Registry is directed to return the original copy of the petition filed by the petitioner in Crl.M.P.SR.No.1032 of 2024 in S.C.No.21 of 2019, forthwith. 21.03.2025 mn Note:- Issue order copy on 21.03.2025 Copy to The Section Officer, VR Section.
G.K.ILANTHIRAIYAN, J. https://www.mhc.tn.gov.in/judis
Crl.O.P.No. 4482 of 2025 mn Crl.O.P.No.4482 of 2025 21.03.2025 https://www.mhc.tn.gov.in/judis