G.K.Aruna v. Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.06.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.8289 of 2020 G.K.Aruna

...Petitioner

Vs.

1.The Commissioner of Police, Vepery, Chennai.

2.The Inspector of Police, W24, All Women Police Station, Teynampet, Chennai - 600 006.

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct for the enquiry to be conducted in this matter and to register a case against Mr.Anand R I.P.S and Malarkodi Rajaguru.

For Petitioner : Mr.G.K.Aruna (Party in Person) For Respondents: Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This petition has been filed seeking for direction to direct the second respondent to register the case on the petitioner's complaint.

2. The petitioner would submit that her husband is an IPS officer. From the date of marriage, there was dowry harassment and other domestic violences were committed by her husband. Unable to bear the same, she lodged a complaint before the second respondent herein. But the second respondent did not take any action on her complaint. Therefore, the petitioner approached this Court in Crl.O.P.No.835 of 2020 for direction to direct the second respondent to register the case. Even after the directions issued by this Court, the second respondent simply closed the complaint as if, the petitioner did not come for enquiry. But admittedly the complaint was closed by the second respondent for one or other reasons. Hence, she prayed for direction to conduct enquiry and register her complaint. 1/2 https://hcservices.ecourts.gov.in/hcservices/

3. Considering the submissions made by the petitioner and admittedly the husband of the petitioner is an IPS officer, the direction sought for in this petition cannot be granted.

4. However, the nature of the allegations made in the complaint and also the reasons stated in the closure report by the second respondent, the petitioner is directed to approach the concerned jurisdictional magistrate by way of private complaint with all phases and file a private complaint. On receipt of the same, the concerned learned magistrate is directed to conduct detail enquiry and pass orders on merits in accordance with law.

5.With the above directions, this Criminal Original Petition is disposed of.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar mpa To 1.The Commissioner of Police, Vepery, Chennai.

2.Inspector of Police, W24, All Women Police Station, Teynampet, Chennai - 600 006.

3.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.8289 of 2020 mg(co) aa17/07/2020 2/2 https://hcservices.ecourts.gov.in/hcservices/