KALAISELVI Vs. STATE REP BY INSPECTOR OF POLICE

JUDGEMENT

(1.) This criminal original petition is filed under Section 407 of Cr.P.C., seeking to transfer the case in C.C.No.1648 of 2008 from the file of the learned Judicial Magistrate, Tirukoilur, to some other Magistrate Court out of Villupuram District.

(2.) The case of the petitioner/de facto complainant is that the marriage between herself and the second respondent namely, Anandakumar was solemnized on 06.09.2001 at Thirumagal Thirumana Mandapam, Tirukoilur, and out of the said legal wed log, a female child was born on 27.12.2002. It is the further case of the petitioner that she was subjected to mental cruelty and there is a demand of dowry and accordingly, she has given a complaint against four accused under Section 498(A) of IPC and Section 4 of Dowry Prohibition Act and a case was registered by the first respondent police in Crime No.28 of 2008, on 06.10.2008. After the investigation, the first respondent police has filed the final report before the learned Judicial Magistrate, Tirukoilur, and the same was taken on file as C.C.No.1648 of 2008 for the offence under Section 498(A) of IPC and Section 4 of Dowry Prohibition Act r/w. Section 109 of IPC against three accused namely, against respondents 2, 3 and 4 alone. In respect of the other person viz., Uma Rani, as the investigation does not reveal any overt act against her, her name was not mentioned in the final report.

(3.) When the matter was taken up for trial, the petitioner herein has filed a petition in Crl.M.P.No.6289 of 2015 under Section 319 of Cr.P.C. before the learned Judicial Magistrate, Thirukoilur, for impleading the said Uma Rani, who is the sister-in-law of the petitioner herein. After contest, the said petition was dismissed by the learned Magistrate on 31.05.2016. Aggrieved against the said order of dismissal, the petitioner herein has filed a criminal revision case before this Court in Crl.R.C.No.1090 of 2016 seeking to set aside the order dated 31.05.2016 passed by the learned Judicial Magistrate, Thirukoilur and after contest, the said criminal revision case was dismissed by this Court on 28.02.2017.