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Madras High CourtCRL OP/1200/2016disposed of

M.Vidhya Devi v. The Inspector Of Police

2016-01-25Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.01.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.1200 of 2016 M.VidhyaDevi ... Petitioner Vs

1. State rep. by The Inspector of Police, W-32, All Women Police Station, Madipakkam, Chennai-91.

2. The Commissioner of Police, Veppery, Chennai - 600 007.

... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. seeking a direction to the respondents to register the petitioner's complaint dated 14.01.2016, investigate and proceed with the same as per law, within a stipulated time frame may be fixed by this Court.

For Petitioner :

Mr.U.Anunitha For Respondents :

Mr.C.Emalias Additional Public Prosecutor

O R D E R

The present criminal original petition has been filed to direct the respondents to register the petitioner's complaint dated 14.01.2016, investigate and proceed with the same as per law, within a stipulated time frame.

2. The petitioner married one Mohan on 18.02.2001. At the time of marriage, the petitioner's parents gave her 20 sovereigns of jewels along with all other house hold articles. Due to the wedlock, she gave birth to a male child, who is now aged about 15 years. Right from the day, the petitioner's husband started to harass the petitioner. On 15.10.2014, the petitioner's husband entered the house in a drunken mood and beat her severely by demanding her to get jewel, cash and https://hcservices.ecourts.gov.in/hcservices/

properties from her parents house. Hence, the petitioner lodged a complaint dated 15.10.2014 registered in C.S.R.No.532 of 2014 on the file of the first respondent Police. Under this situation, on 07.01.2016, the petitioner's husband beat her with a knife on her head and hence the petitioner sustained grievous injury. Immediately, the petitioner's parents took her to the hospital. Thereafter, the petitioner lodged a complaint dated 14.01.2016 before the first respondent police. Since no action was taken on the complaint dated 14.01.2016, the petitioner has come forward with the present criminal original petition.

3. When the matter was taken up for consideration, the learned Additional Public Prosecutor submitted that the earlier complaint given by the petitioner dated 15.10.2014 has been enquired and closed. Thereafter, the present complaint has been filed.

4. In view of the submissions made on either side, this Court directs the first respondent to conduct enquiry on the complaint given by the petitioner dated 07.01.2016 and upon enquiry, if materials are gathered indicating commission of any cognizable offence, he is directed to proceed further in accordance with law. If no prima facie case is made out for registering the complaint, the respondent is directed to pass an appropriate order on the complaint of the petitioner.

5. This criminal original petition is disposed of accordingly.

rrg s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar To

1. The Commissioner of Police, Veppery, Chennai - 600 007.

2. The Inspector of Police, W-32, All Women Police Station, Madipakkam, Chennai-91.

3. The Public Prosecutor, High Court, Madras.

+ 1 cc to Mrs.U.Anunitha, Advocate SR 5047 cnr(co) prk5/2 Crl.O.P.No.1200 of 2016 https://hcservices.ecourts.gov.in/hcservices/