Madras High CourtCRL OP/5214/2022disposed of

S.Thenmozhi v. The Inspector Of Police

2022-03-08Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.03.2022

CORAM

THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P.No.5214 of 2022 S.Thenmozhi ... Petitioner Vs.

The Inspector of Police, W-28, All Women Police Station, Ambattur, Chennai 600 053.

... Respondent PRAYER: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the respondent to include the Section 494 of IPC in Crime No.7 of 2021 on the file of the respondent police.

For Petitioner :

Mr.P.Surendran For Respondent :

Mr.V.Meganathan Government Advocate(criminal side)

ORDER

This Criminal Original Petition has been filed to direct the respondent to include the Section 494 of IPC in Crime No.7 of 2021 on the file of the respondent police.

2. Learned counsel for the petitioner would submit that the marriage between the petitioner and one Prasanth Kumar was solemnized as per Hindu rites and customs on 06.11.2015 and out of the wedlock they were blessed with a female child P.Vainavi on 19.10.2016. Thereafter, the said Prasanth Kumar harassed the petitioner and also assaulted her. He also married another women. The petitioner had filed a petion before the learned Judicial Magistrate, Ambattur in CMP.No.50 of 2022. Thereafter, as per the direction of the learned trial Judge, a case was registered in Crime No.7 of 2021 by the respondent police against the said Prasanth Kumar for the offence under 294(b) and 498(A) of IPC. However, the respondent has not registered the case for the offence under Section 494 of IPC. Thereby, the petition has been filed to include the Section 494 of IPC in Crime No.7 of 2021.

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3. Mr.V.Meganathan, learned Government Advocate (criminal side) would submit that investigation is pending and during the course of the investigation based on the material available, the respondent will alter the offence, if necessary.

4. Recording the same, this Criminal Original Petition stands disposed of.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar shk/sai To

1. The Inspector of Police, W-28, All Women Police Station, Ambattur, Chennai 600 053.

2. The Public Prosecutor, High Court of Madras.

+2ccs to Mr.P.Surendran, Advocate, S.R.No.15421 CRL.O.P.No.5214 of 2022 SPD(CO) SU(22/03/2022) https://hcservices.ecourts.gov.in/hcservices/