1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.02.2011 CORAM: THE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAH Crl.O.P.(MD).No.2128 of 2011 Samundeeshwari ... Petitioner Vs. State rep. by Sub-Inspector of Police All Women Police Station Sankarankovil Tirunelveli District Crime No. 19 of 2009 ... Respondent PRAYER: This Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the learned Judicial Magistrate, Sankarankovil to take the cognizance on file at the time of filing the charge sheet by the respondent police in Cr.No. 19 of 2009 on the file of the Sub-Inspector of Police, All Women Police Station, Sankarankovil, Tirunelveli District. *** For Petitioner : Ms.S.Ragaventhree for M/s.Kathirvelu Associates For Respondent : Mr.L.Murugan Govt. Advocate (Crl. Side) O R D E R This Petition has been filed by the petitioner / de-facto complainant for issuance of a direction against the learned Judicial Magistrate, Sankarankovil, to take the cognizance on its file towards the charge sheet filed in Cr.No. 19 of 2009 by the respondent police. 2. Heard Ms.S.Ragaventhree, learned counsel appearing for the petitioner and Mr.L.Murugan, learned Government Advocate (Criminal side) appearing for the State. 3. The learned counsel for the petitioner would submit in her argument that the investigation has been completed and the charge sheet has also been filed by the respondent police, showing the absconding of the fourth accused, since he was away from his country. She would further submit in her argument that the charge sheet has not been taken on file by the learned Judicial Magistrate, Sankarankovil, but it was orally directed to nab the accused, who is absconding and to produce the accused before the Court and thereafter only, the learned Judicial Magistrate will take the cognizance of the charge sheet filed in Cr.No. 19 of 2009. She would therefore request the Court that suitable directions may be issued against the learned Judicial Magistrate, https://hcservices.ecourts.gov.in/hcservices/ 2 Sankarankovil, to take the cognizance of the charge sheet filed in Cr.No. 19 of 2009. 4. The learned Government Advocate (Crl. Side) would submit in his argument that the accused is absconding and he is in abroad, namely, at Hong Kong and on his landing in India, he will be apprehended and produced before the Court and till then, the absconding charge sheet filed by the respondent police may also be directed to be taken on file. 5. Considering the submissions made on both sides, I could see the investigation was completed long back on the offences under Sections 498 (A), 406, 506(i) of IPC and Section 4 of Tamil Nadu Dowry Prohibition Act have been investigated and the charge sheet was filed and is still on the file of the learned Judicial Magistrate, Sankarankovil. It is also brought to the notice of this Court that the fourth accused has obtained anticipatory bail, but he did not surrender before the said Court, utilising the anticipatory bail. In the said circumstances, the petitioner and the investigating agency shall not be prejudiced and it is for the Court to take cognizance of the charge sheet filed in Cr.No. 19 of 2009 and to issue suitable directions against the absconding accused and to pass suitable orders for proceeding with the case. 6. Accordingly, the learned Judicial Magistrate is directed to take the cognizance of the final report if otherwise in accordance with law and to assign number and to proceed with the case for disposal in accordance with law. With the aforesaid direction, this Petition is ordered. Sd/- Deputy Registrar(Accounts) /True copy/ Assistant Registrar To 1.The Judicial Magistrate , Sankaran Kovil 2.The Chief Judicial Magistrate, Tirunelveli 3. The Sub-Inspector of Police All Women Police Station Sankarankovil Tirunelveli District 4. The Additional Public Prosecutor Madurai Bench of the Madras High Court Madurai Crl.O.P.(MD).No.2128 of 2011 vsg PAM 04.03.2011/5C/2P https://hcservices.ecourts.gov.in/hcservices/