R.Geetha v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.02.2016 CORAM :

THE HONOURABLE MS. JUSTICE R.MALA Crl.O.P.No.1600 of 2016 R.Geetha ... Petitioner Vs.

State rep. by Inspector of Police W-28, All Women Police Station Ambattur Police Station Chennai-53.

... Respondent Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the respondent to register a case based on the petitioner's complaint dated 01.01.2016, against her husband namely Ramkumar, father in law namely, Kothandan and sister in law namely, Gayathri.

For Petitioner : Mr.S.V.Ramamurthy For Respondent : Mr.C.Emalias Additional Public Prosecutor

O R D E R

The petitioner has come forward with this petition seeking for a direction to the respondent to register a case pertaining to the petitioner's complaint dated 01.01.2016. 2.The learned counsel for the petitioner submitted that the petitioner has lodged a complaint before the respondent on 01.01.2016. But the respondent has not shown any interest to enquire the matter and register the case. Hence, the petitioner has come forward with this petition for the above stated relief.

3.Learned Additional Public Prosecutor, on instructions, would submit that the respondent has not received any complaint from the petitioner. He would further submit that the petitioner has earlier given a complaint and C.S.R.No.372 of 2015 is assigned. After due enquiry, the complaint in C.S.R.No.372 of 2015 was closed.

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4.Considering the rival submissions made on both sides, the petitioner has lodged a complaint before the respondent on 01.01.2016. But she has not filed any document to prove the same. However, the petitioner has filed medical report. Therefore, the petitioner is directed to file a fresh complaint before the respondent police and on receipt of the same, the respondent is directed to expedite the enquiry and follow the dictum laid down in Lalitha Kumari vs. Govt. of U.P & others [2013 (4) Crimes 243 (SC) and register a case, if any cognizable offence is made out.

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

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar kj To 1.Inspector of Police W-28, All Women Police Station Ambattur Police Station Chennai-53.

2.The Public Prosecutor High Court, Chennai.

+1cc to Mr.S.V.Ramamurthy, Advocate, S.R.No.8142 Crl.O.P.No.1600 of 2016 MSM(CO) CA(23/02/2016) https://hcservices.ecourts.gov.in/hcservices/