Madras High CourtCRL OP/112/2016disposed of

Smt.Dhanalakshmi v. The Commissioner Of Police

2016-01-06Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.01.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.112 of 2016 Smt.Dhanalakshmi ... Petitioner Vs 1.The Commissioner of Police, E.V.K.Sampath Salai, Vepery, Chennai-600 007.

2.The Inspector of Police, All Women Police Station, M.K.B. Nagar, Chennai.

... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. seeking a direction to the second respondent herein to register a case against the accused on the petitioner's complaint dated 26.11.2015 pending as C.No.549/DSP(P)/Camp/General/15 dated 26.11.2015 on the file of the respondents and to proceed further in accordance with law.

For Petitioner : Mr.R.S.Vaideeswaran For Respondents : Mr.C.Emalias, Additional Public Prosecutor.

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O R D E R

The present criminal original petition has been filed seeking a direction to the second respondent herein to register a case based on the petitioner's complaint dated 26.11.2015 pending as C.No.549/DSP(P)/ Camp/ General/15 dated 26.11.2015 on the file of the respondents.

2.The petitioner herein lodged a complaint on 26.11.2015 against her husband Jayakumar and the relatives of the petitioner's husband on the allegation of dowry demand. It is further alleged that the petitioner's husband and his relatives abused the petitioner and also assaulted her, due to which the petitioner sustained injuries. But, the said complaint was not registered so far. Hence, the petitioner has filed the present criminal original petition. https://hcservices.ecourts.gov.in/hcservices/

3.I have heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

4.The learned Additional Public Prosecutor submitted that on receipt of the complaint given by the petitioner dated 26.11.2015, C.No.549/2015 has been assigned by the second respondent and the second respondent would conduct enquiry on the complaint given by the petitioner.

5. In view of the submissions made on either side, this Court directs the second respondent police to conduct enquiry on the complaint of the petitioner dated 26.11.2015 in C.No.549 of 2015 and upon enquiry, if materials are gathered indicating commission of any cognizable offence, the second respondent is directed to proceed further in accordance with law, as early as possible and if no prima facie case has been made out, the second respondent is at liberty to pass appropriate order on the complaint given by the petitioner.

6. This criminal original petition is disposed of accordingly.

ari Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To 1.The Commissioner of Police, E.V.K.Sampath Salai, Vepery, Chennai-600 007.

2.The Inspector of Police, All Women Police Station, M.K.B. Nagar, Chennai.

3.The Public Prosecutor, High Court, Madras.

+ 2 ccs to Mr.R.S.Vaideeswaran, Advocate Sr 830 GR/CO KR/21/1/16 Crl.O.P.No.112 of 2016 https://hcservices.ecourts.gov.in/hcservices/