C T RANI Vs. STATE

JUDGEMENT

(1.) THE petition is filed seeking a direction to call for the records in C.C.No.16 of 2010 on the file of the learned Judicial Magistrate, Thiruvottiyur and quash the same.

(2.) THE petitioner has been charged for offences punishable under Sec.341, 294-b, 332 and 355 IPC. This is a peculiar case of the prosecution against a woman of aged 39 years, who travelled along with her two children from Periyar Nagar Bus Stand to Chindadripet in the bus Route No.28 of the Madras Transport Corporation. THE complainant is the conductor who was on duty and according to him, on 9.1.2010, around 7.10 p.m, the petitioner and her children boarded the bus he asked for the tickets she tendered a hundred rupees note and asked for only one ticket. When the conductor asked her to take tickets for the children also, she refused and demanded only one ticket. THErefore, the conductor promptly told her to get down at the next bus stop, since she was not willing to take three tickets. However, according to the conductor, the petitioner used filthy language and caught hold the shirt of the conductor and pushed him from the bus. THE conductor fell down and the woman took the slippers of the conductor and slapped him and the driver and the other passengers came to the rescue of the conductor and both were taken to H-8, Thiruvottiyur Police Station, where the conductor gave a complaint, which was registered in Cr.No.19/2010. However, the petitioner also gave a complaint alleging that the conductor asked her elder daughter by name Kaviya for the ticket, for which, she told the conductor that she would take the tickets and tendered Rs.100/- and the conductor refused stating that he had no change for the currency and forcibly de-boarded her from the bus and there was exchange of words and altercation on which the conductor assaulted the petitioner.

(3.) WHEN the matter was taken up, notice was issued to the defacto-complainant and he appeared through a counsel. At the request of both the counsels, the matter was referred to Mediation and Conciliation Centre. The parties appeared and since mediation process failed, this Court proceeded to hear the arguments.