Madras High CourtCRL OP/21631/2015closed

Mrs.Akthathari Begum v. The State Rep. By Its

2015-10-28Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 28.10.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP No.21631 of 2015 Akthathari Begum .. Petitioner Vs The State rep by its The Inspector of Police, P-1, Pulianthope Police Station, Chennai - 600 012.

.. Respondent Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., praying to direct the respondent police to register the complaint of the petitioner dated 20.08.2015 pending on the file of the respondent police and investigate the same. For Petitioner : Mr.C.V.Kumar.

For Respondent : Mr.C.Emalias Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the respondent police to register the complaint dated 20.08.2015 given by the petitioner and investigate the same.

2. Heard the learned counsel for the petitioner on 28.08.2015, 28.09.2015 and 14.10.2015. Thereafter, this case was posted finally on 15.10.2015. Today, when the matter is taken up for hearing, there is no representation for the petitioner. It is seen that, earlier this petitioner has lodged a complaint dated 05.08.2015 against one Munir and since no action was taken on the said complaint, this petitioner filed Crl.OP.No.20128 of 2015 before this Court and this Court has passed the following order on 11.08.2015 :

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

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3.On a reading of the complaint, the dispute essentially appears to be civil and a criminal colour is being given to the dispute by saying that the opposite party intimidating the petitioner. Hence, no positive direction can be given to the police to register 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."

3. Thereafter, the petitioner has given a fresh complaint dated 20.08.2015 against the said Munir, alleging that he broke open her house. This Court read the complaint dated 20.08.2015 and it does not inspire the confidence of this Court inasmuch as there is a serious dispute between the petitioner and the said Munir and in order to take vengeance, such complaints are being filed. Hence, no positive direction can be given as prayed for.

4. With the above observation, this Criminal Original Petition is closed.

ds s/d- Assistant Registrar(CO) True Copy Sub-Assistant Registrar To:

1. The Inspector of Police, P-1, Pulianthope Police Station, Chennai - 600 012.

2. The Public Prosecutor High Court, Madras.

ctk(co) prk17/11 Crl.OP No.21631 of 2015 https://hcservices.ecourts.gov.in/hcservices/