ORDER

This Criminal Revision Case has been filed seeking to set aside the order of cognizance dated 18.08.2022 by the learned Additional Mahila Court, Chengalpet, in C.C.No.654 of 2022.

2. The respondent police registered the case in Crime No.2 of 2021 against the 2nd respondent herein for the offence under Section 354 IPC and Section 4 of TNPHW Act 2002 and after investigation, laid charge sheet before the Additional Mahila Court, Chengalpet, without filing the condone delay petition under Section 473 Cr.P.C. The learned Magistrate without without returning the charge sheet, taken the same on file in C.C.No.654 of 2022 on 18.08.2022 and also ordered summon to the accused and P.C. and posted the case to 29.09.2022. Challenging order of taking cognizance of the charge sheet, the defacto complainant has filed the present revision challenging.

3. The learned counsel for the petitioner/defacto complainant would submit that the alleged occurrence took place in the year 2010 and the complaint was given against the 2nd respondent/accused in the year 2021 and subsequently, the case was registered in Crime No.2 of 2021 for the offence under Section 354 IPC and Section 4 of TNPHW Act 2002. Subsequently, the 2nd respondent/accused had filed a petition before this Court in Crl.O.P.No.23806 of 2021 seeking an order to quash the FIR in Crime No.2 of 2021 in which, the petitioner herein being the defacto complainant was shown as 2nd respondent. Initially, this Court quashed the FIR by order dated 17.10.2022. Subsequently, the petitioner herein/defacto complainant filed a petition before this Court in Crl.M.P.No.16421 of 2022 to recall the order of quashment of FIR passed in Crl.O.P.No.23806 of 2021 dated 17.10.2022 and this Court by order dated 21.11.2022, recalled the earlier order of quashment of FIR dated 17.10.2010 passed in Crl.O.P.No.23806 of 2021 and posted the case for final hearing on 29.11.2021. In the meanwhile, the petitioner/defcto complainant learnt that the respondent police have filed the final report before the jurisdictional Magistrate however, without the petition under Section 473 Cr.P.C. to condone the delay in filing the charge sheet and the jurisdictional Magistrate also, without considering the same, passed an order of cognizance and taken the charge sheet on file in C.C.No.654 of 2021 in a routine manner. The learned counsel for the petitioner/defacto complainant contended that the learned Magistrate without seeking for the petition under Section 473 Cr.P.C. strait away taken cognizance of the charge sheet in C.C.No.654 of 2022 and ordered summon to the accuse/2nd respondent herein. Now the accused/2nd respondent herein, taking advantage of the same, trying to take steps to close the proceedings on technical ground which would prejudicially affect the right of the petitioner/defacto complainant. Admittedly, the petition under Section 473 Cr.P.C. can be invoked at any stage even after framing of charges. However, in order to avoid the the cause of quashment of the case or acquittal of the accused on the ground of technicality, the petitioner/defacto complainant has filed the present revision before this Court to set aside the order of cognizance.

4. Today the matter came up before this Court for admission. Heard the learned counsel for the petitioner. Since, the revision is against the order of taking cognizance, this Court is inclined to dispose of the case at the admission stage itself.

5. A careful perusal of the records shows that the petitioner is the defacto complainant who set the law into motion by filing the complaint before the 1st respondent police. The 1st respondent police registered the case in Crime No.2 of 2021 against the accused/2nd respondent herein and after investigation, filed the charge sheet as contemplated under Section 173(2) Cr.P.C. The learned Magistrate also taken the charge sheet on file in C.C.No.654 of 2022. Admittedly, the cause of action is said to have arisen in the year 2010, whereas