Madras High CourtCRL OP/22872/2015disposed of

M.Shylaja v. State Rep. By

2015-09-11Honourable Mr Justice B. Rajendran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.09.2015

CORAM

THE HON'BLE MR.JUSTICE B.RAJENDRAN Crl.O.P.No. 22872 of 2015 M.Shylaja ... Petitioner Vs.

State represented by The Inspector of Police Kannankurichi Police Station Kannankurichi Salem District 636 008.

... Respondent Criminal Original Petition filed under Section 482 of Criminal Procedure Code to direct the respondent to register a case based on the complaint given by the petitioner on 06.08.2015, which was assigned C.S.R.No.140 of 2015.

For Petitioner :

Mr.C.Venkatesan For Respondent :

Mr.C.Emalias Additional Public Prosecutor

O R D E R

This petition has been filed under Section 482 Cr.P.C, seeking a direction to the respondent police to register a case based on the complaint given by the petitioner on 06.08.2015, which was assigned C.S.R.No.140 of 2015.

2.The learned counsel for the petitioner would submit that though, the complaint given by her was assigned C.S.R.No.140 of 2015, thereafter, no further action was taken.

3. Mr.C.Emalias, learned Additional Public Prosecutor would submit that the petitioner's husband/accused had already filed a petition seeking anticipatory bail before the Principal Sessions Judge, Salem, in C.M.P.No.2694 of 2015, and he was granted anticipatory bail by order dated 27.08.2015 and pursuant to which, he has not surrendered so far. He would further add that the respondent police will enquire into the matter further, for which, the petitioner shall co-operate and that after the completion of enquiry, they will proceed further in accordance with law.

4. Heard the learned counsel for the petitioner and also Mr.C.Emalias, learned Additional Public Prosecutor, who has taken notice on behalf of the respondent.

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5. Considering the fact that the petitioner has given a complaint to respondent police on 06.08.2015, pursuant to which, C.S.R.number was assigned and thereafter, no action is taken till date, this Court is inclined to direct the respondent police to complete the enquiry, after affording opportunity to both parties, as expeditiously as possible, and if the respondent police, as a result of the enquiry, arrives at the conclusion that a cognizable offence is disclosed, he shall register the case and investigate into the same and proceed further in the manner required under law, at the earliest.

6.The Criminal Original Petition is disposed of with the above direction.

-Sd/- Assistant Registrar(co) //True copy// Sub Assistant Registrar paa To

1. The Inspector of Police Kannankurichi Police Station Kannankurichi Salem District 636 008.

2. The Public Prosecutor High Court, Chennai.

+1 cc to Mr.C.Venkatesasn for Petitioner(sr.49549) Crl.O.P.No. 22872 of 2015 sr(co) cp 01/10/2015 https://hcservices.ecourts.gov.in/hcservices/