REJITHA Vs. THE INSPECTOR OF POLICE

JUDGEMENT

(1.) For the sake of convenience, the parties will be referred to by their name.

(2.) Thangarani got married to Jeganathan, a police constable, on 21.10.2009 and a son was born to them on 13.07.2010 and a daughter was born to them on 20.10.2011. On 10.08.2012, Thangarani lodged a complaint against her husband and in-laws, based on which, the All Women Police Station, Tiruneveli, registered a case in Crime No.24 of 2012, for the offences under Sections 498(A) , 406 , 294(b) , 506(i) of the Indian Penal Code and Section 4 of the Tamil Nadu Prohibition of Women Harassment Act, 2002, against Jeganathan, [A-1], Thangapushpam, [A-2 - A-1's mother], Kanthakesavan [A-3 - A-1's father], Rejitha [A-4 - A-1's sister] and Manikandan [A-5 - A-1's friend]. During investigation, Jeganathan died on 31.08.2012. The case was transferred to the file of the All Women Police Station, Kanyakumari and was registered as Crime No.2 of 2013. The Inspector of Police, All Women Police Station, completed the investigation and filed a final report on 08.01.2014, before the Judicial Magistrate, No.I, Nagercoil, against Thangapushpam, [A-2] and Kanthakesavan [A-3], leaving out Rejitha [A-4] and Manikandan [A-5]. The cognizance of the said offences were taken and the case was numbered as C.C.No.188 of 2014. Charges for the aforesaid offences were framed against Thangapushpam [A-1] and Kanthakesavan [A-2] and the trial began with the examination of Thangarani as PW-1, on 10.09.2015. Thereafter, one Lakshmanan and Jegatheesan, the brothers of Thangarani, were examined as PW-2 and PW-3, on 28.01.2016 and 11.08.2016. While so, the prosecution filed a petition in Crl.M.P.No.5791 of 2016 in C.C.No.188 of 2014 under Section 319 of the Code of Criminal Procedure to implead Rejitha and Manikandan as accused.

(3.) On notice, the proposed accused entered appearance and filed their counters. The Trial Court, by order dated 29.07.2017, in Crl.M.P.No.5791 of 2016 in C.C.No.188 of 2014, dismissed the petition with regard to Manikandan, but, however, directed impleadment of Rejitha as accused No.3 in C.C.No.188 of 2014, aggrieved by which, Rejitha is before this Court with this Criminal Revision Case.