Gaburammal v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.06.2022

CORAM

THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR Crl.O.P.No.2404 of 2022 Gaburammal ... Petitioner Vs.

The Inspector of Police, Kandili Police Station, Thiruppathur Taluk, Thiruppathur District.

... Respondent PRAYER:

This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the respondent police to register a case on the complaint of the petitioner dated 10.09.2021. For Petitioner : Mr.P.Rathanavel For Respondent : Mr.A.Gokulakrishnan, Additional Public Prosecutor.

O R D E R

This Criminal Original Petition has been filed seeking for a direction to the respondent police to register a case on the complaint of the petitioner dated 10.09.2021.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent.

3. The grievance of the petitioner is that she had filed a private complaint before the learned Judicial Magistrate No.II, Thiruppathur under Section 156(3) of Cr.P.C to register a case whereas, the learned Magistrate has returned the papers holding that the averments in the complaint are civil in nature.

4. Such being a position, it is well open to the petitioner to pursue her remedy in the manner known to law by invoking a private complaint under Section 200 of Cr.P.C. However, this https://hcservices.ecourts.gov.in/hcservices/

Court cannot direct the respondent police to register the FIR, when enquiry was already conducted and closed.

4. Accordingly, this Criminal Original Petition is closed. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar shk/nr To 1.The Inspector of Police, Kandili Police Station, Thiruppathur Taluk, Thiruppathur District.

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

Copy to :- The Judicial Magistrate No.II, Thiruppathur.

+1cc to Mr.P.Rathanavel, Advocate, S.R.No.34758 Crl.O.P.No.2404 of 2022 GPL(CO) CT/28/06/2022 https://hcservices.ecourts.gov.in/hcservices/