Madras High CourtCRL OP/1487/2023disposed of

Prabhu v. The Director

2023-01-25Honourable Mr Justice G. Chandrasekharan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.01.2023

CORAM

THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN Crl.O.P.No.1487 of 2023 Prabhu ... Petitioner Vs.

1. The Director General of Police, Dr.Radhakrishnan Road, Mylapore, Chennai - 600 004.

2. The Superintendent of Police, Nagapattinam District.

3. The Inspector, All Women Police Station, Vederanyam Taluk, Nagapattinam District. ... Respondents PRAYER : This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the 3rd respondent ( Inspector of Police, All Women Police Station, Vedharanyam Taluk, Nagapattinam District to register the FIR based on the petitioner's complaint dated 15.09.2022.

For Petitioner : Mr.B.Chandran For Respondents : Mr.S.Santhosh Government Advocate(Crl.side) 1/4

O R D E R

This Criminal Original Petition has been filed to direct the 3rd respondent (Inspector of Police, All Women Police Station, Vedharanyam Taluk, Nagapattinam District to register the FIR based on the petitioner's complaint dated 15.09.2022.

2. The learned counsel for the petitioner submitted that the petitioner married one Pushpa on 09.01.2016. Thereafter, due to matrimonial dispute, petitioner filed H.M.O.P.No.33 of 2019 against his wife for restitution of conjugal rights. Pending H.M.O.P, Pushpa married another person on 03.06.2022. Therefore, petitioner gave a complaint before the respondent police, however, still now, no action was taken, necessitating the filing of this petition.

3. The learned Government Advocate (Crl.Side) appearing for the respondent submitted that the complaint said to have been lodged by the petitioner dated 15.09.2022 was not available with the respondent police. If petitioner gives fresh complaint, that would be considered earlier. 2/4

4. Recording the submission made by the learned Government Advocate (Crl. Side), petitioner is directed to give fresh complaint to the respondent police, On receipt of the same, respondent police is directed to proceed in accordance with law.

25.01.2023 Internet : Yes / No Index : Yes / No Speaking / Non Speaking order Sma To

1. The Director General of Police, Dr.Radhakrishnan Road, Mylapore, Chennai - 600 004.

2. The Superintendent of Police, Nagapattinam District.

3. The Inspector, All Women Police Station, Vederanyam Taluk, Nagapattinam District.

4.The Public Prosecutor, High Court of Madras, Chennai.

3/4

G.CHANDRASEKHARAN,J.

Sma Crl.O.P.No.1487 of 2023 25.01.2023 4/4