Tmt.Kalaichelvi, F/35, v. State Rep.By The Inspector Of
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.12.2015
CORAM
THE HONOURABLE MR.JUSTICE P.N.PRAKASH CRL.OP.No.5978 of 2014 Kalaichelvi ... Petitioner Vs.
State rep. By The Inspector of Police, W.29, All Women Police Station, Avadi, Chennai-54.
... Respondents Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the respondent police to register a case on the basis of the petitioner's complaint dated 03.03.2014 received in CSR No.85/2014 and to investigate the same and take action in accordance with law.
For Petitioner : Mr.S.Swamidoss Manokaran For Respondent : Mr.K.Prabakar, Government Advocate[Crl. Side]
O R D E R
This petition has been filed to direct the respondent police to register a case on the basis of the petitioner's complaint dated 03.03.2014 in CSR No.85/2014 and to investigate the same.
2.This Court perused the materials available on record and heard the learned counsel for the petitioner as well as the learned Government Advocate [Crl. Side] for the respondent.
3.It is the case of the petitioner that she got married to one L.Karthikeyan in the year 1997 and through the said wedlock, they have three children. Her husband Karthikeyan has contracted second marriage with one Devisree, for which, the petitioner has lodged a complaint dated 03.03.2014 to the respondent police for taking action.
https://hcservices.ecourts.gov.in/hcservices/
4.In the considered opinion of this Court, the allegation of bigamy is a non cognizance offence and only private complaint can be lodged. Therefore, no positive direction can be given to the police to register a case on her complaint dated 03.03.2014. Hence, the Criminal Original Petition is closed with liberty to the petitioner to work out her remedy in the manner known to law.
Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar DP To The Inspector of Police, W.29, All Women Police Station, Avadi, Chennai-54.
+1cc to Mr.S.Swamidoss Manokaran, Advocate, S.R.No.68036 CRL.OP.No.5978 of 2014 RV(CO) CA(12/01/2016) https://hcservices.ecourts.gov.in/hcservices/