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Madras High CourtCRL OP/67/2022disposed of

P.Komalavalli v. State Rep By

2022-01-06Honourable Mr Justice M. Nirmal Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.01.2022

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.67 of 2022 Ms.P.Komalavalli ... Petitioner/Defacto Complainant

Versus

State represented by

1. The Commissioner of Police, Greater Chennai Corporation, Vepery, Chennai - 600 007.

2. The Assistant Commissioner of Police, Pattabiram, Chennai - 600 072.

3. The Inspector of Police, All Women Police Station, Ambattur, Chennai.

...Respondents/Complainant

PRAYER: Criminal Original Petition is filed under Section 482 Cr.P.C. to direct the second respondent to register a FIR in the complaint of the petitioner in C.No.1454/COP/Visitors/2021 dated 06.09.2021.

For Petitioner :

Mr.K.Balasubramaniam For Respondents :

Mr.E.Raj Thilak Additional Public Prosecutor.

O R D E R

This Criminal Original Petition has been filed to direct the second respondent to register a FIR in the complaint of the petitioner in C.No.1454/COP/Visitors/2021 dated 06.09.2021. 2.The grievance of the petitioner is that the petitioner was cheated by her husband and she had lodged a complaint on

06.09.2021, no action has been taken, despite, the petitioner has been physically assaulted. Since the counter complainant viz., Sivakumar is an Advocate, the respondent police have not taken any action against him. The respondent police are showing hesitation to take action against him. Earlier, the petitioner had lodged a complaint and C.S.R.No.293 of 2021 assigned and thereafter, no action has been taken, which embolden the said Sivakumar to abuse and threaten the petitioner. In support of her contention the petitioner had produced the AR Copy, to show that the petitioner physically assaulted and sutures have been made on her.

3.The learned Additional Public Prosecutor submits that earlier the petitioner had lodged a complaint before the All Women Police Station, Ambattur i.e. the third respondent and C.S.R.No.293 of 2021 assigned, The complaint is that the counter complainant viz., Sivakumar had developed a relationship with the petitioner and the petitioner is a divorcee. Thereafter as per the Christian custom they have also exchanged rings and lived as husband and wife. During their relationship, the said Sivakumar had cheated the petitioner to the tune of Rs.15 lakhs, for which she had lodged the above said complaint. But no action has been taken by the third respondent. Thereafter the petitioner had lodged a complaint before the Commissioner of Police and the Commissioner of Police had forwarded the complaint in C.No.1454/21 to the third respondent and now steps have been taken and enquiry is in progress. In any event, the enquiry would be completed within a period of four weeks.

4.Considering the submissions and on perusal of the materials, this Court directs the third respondent police to complete the enquiry, within a period of four weeks, from the date of receipt of a copy of this order.

5.With the above direction, this Criminal Original Petition stands disposed of.

Sd/- Assistant Registrar(CS-IX) //True Copy// Sub Assistant Registrar ah

To

1. The Commissioner of Police, Greater Chennai Corporation, Vepery, Chennai - 600 007.

2. The Assistant Commissioner of Police, Pattabiram, Chennai - 600 072.

3. The Inspector of Police, All Women Police Station, Ambattur, Chennai.

4. The Public Prosecutor, High Court, Madras.

+1cc to M/s.K.Balasubramaniam, Advocate, S.R.No.1010 CRL.O.P.No.67 of 2022 SJ(CO) SU(24/01/2022)