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Madras High CourtCRL OP/20034/2015closed

J.Hemalatha v. The State Of Tamil Nadu Rep By

2015-08-11Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 11.08.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH CRL.OP.No.20034 of 2015 J.Hemalatha ... Petitioner Vs The State of Tamilnadu, Rep. by the Inspector of Police, V-4, Rajamangalam Police Station, Villivakkam, Chennai-49.

... Respondent Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the respondent police to register the complaint dated 23.07.2015 given by the petitioner.

For Petitioner : Mr.I.V.S.Manian For Respondent : Mr.C.Emalias, Addl. Public Prosecutor

O R D E R

This petition has been filed to direct the respondent to register the petitioner's complaint dated 23.07.2015.

2. Heard the learned counsel for the petitioner; learned Additional Public Prosecutor appearing for the respondent and perused the materials placed on record.

3. On a reading of the complaint, the allegation is that the opposite party has remarried during the subsistence of the first marriage. Offence under Section 494 IPC is a non-cognizable offence. Hence, the respondent police cannot be directed to register the FIR.

4. With the above observation, this petition is closed, with liberty to the petitioner to workout her remedy in the manner known to law.

gya s/d- Assistant Registrar(CS-IV) True Copy Sub-Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/

To 1.The Inspector of Police, V-4, Rajamangalam Police Station, Villivakkam, Chennai-49.

2.The Public Prosecutor, High Court, Madras.

tm(co) prk21/8 CRL.OP.No.20034 of 2015 https://hcservices.ecourts.gov.in/hcservices/