Smt.Maha Lakshmee Hansbanee v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 14.07.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP.No.13258 of 2015 Maha Lakshmee Hansbanee Mahato ... Petitioner Vs 1.The Superintendent of Police, Sathuvachari, Vellore District, Vellore.

2.The Assistant Superintendent of Police, O/O.The Superintendent of Police, Sathuvachari, 3.The Inspector of Police, Bagayam Police Station, ... Respondents Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the respondents to register a case on the petitioner's complaint dated 16.04.2015. For Petitioner : Mr.A.Rajesh Kanna For Respondents : Mr.C.Emalias Additional Public Prosecutor

ORDER

Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondents and perused the materials placed on record.

2.This petition has been filed for a direction to the respondent police to conduct investigation on the complaint dated 16.04.2015 said to have been given by the petitioner to the police. The petitioner claims to be a Canadian national and that she came as a spiritual tourist to India and got attached to Narayanee Peedam near Vellore.

3.The complaint states that she went with one Vijayarajan to Mysore and that she had taken up a room in a hotel where the said Vijayarajan had sexually abused her.

4.The complaint does not disclose the date or the year when the alleged incident took place. The complaint also does not disclose in which hotel they stayed. Even according to the petitioner, this incident had occurred some time ago in the year 1999 and she has given a complaint on 16.04.2015 to the respondent police in Tamil Nadu where the alleged incident did not take place. The complainant further alleged that Vijayarajan had taken lot of money from her and had not returned them.

5.It is seen from the case records that the Inspector of Police, has conducted enquiry on the complaint given by the petitioner and closed the case on 25.06.2015. The copies of both the closure reports have been furnished to the learned counsel for the petitioner.

6.The learned counsel for the petitioner asserted that the petitioner was not even enquired by the police. Whereas the records show that the petitioner has given a statement in her own hand writing. Under such circumstances, no positive direction can be given to the police to register an FIR.

In view of the above, this Criminal Original Petition is dismissed.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar mps To 1.The Superintendent of Police, Sathuvachari, Vellore District, Vellore.

2.The Assistant Superintendent of Police, O/O.The Superintendent of Police, Sathuvachari,

3.The Inspector of Police, Bagayam Police Station, 4.The Public Prosecutor, High Court, Chennai.

+1cc to Mr.Rajesh Kanna, Advocate, S.R.No.35852 Crl.OP.No.13258 of 2015 SKV(CO) CA(23/07/2015)