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Madras High CourtWP/13376/2022disposed of

L.Sheeba v. The State

2022-05-26Honourable Mr Justice D.Bharatha Chakravarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.05.2022

CORAM

THE HONOURABLE Mr.JUSTICE D.BHARATHA CHAKRAVARTHY W.P.No.13376 of 2022 L.Sheeba ... Petitioner Vs.

1.The State Tambaram Commissioner of Police, 42/1, Medavakkam Main Road, Sholinganallur, Chennai-119 2.The State, Rep by the Inspector of Police, S-16 Perumbakkam Police Station, Ezhil Nagar, Perumbakkam, Chennai-131 ... Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus to direct the respondents to consider the representations of the petitioner dated 21.04.2022 and 12.05.2022.

For Petitioner : M/s.L.Sheeba (party in person) For Respondents: Mr.A.Damodaran, Additional Public Prosecutor

O R D E R

The prayer in this writ petition is to direct the respondents to consider the representations of the petitioner dated 21.04.2022 and 12.05.2022.

2.

The case of the petitioner is that she is a victim of the offence committed by the accused who is working in the police department and already cases have been registered against the said accused. However, when the said matters are under investigation, on 16.04.2022, when the petitioner was walking in the corner of the street towards Jayanagar bus stop, Sithalapakkam, there was an attempt on her life, that is, two persons wearing masks with no lights turned on in their vehicle, intentionally came in jet speed and hit her from her behind. https://hcservices.ecourts.gov.in/hcservices/

3.

Therefore, on perusal of the representation dated 21.04.2022 followed by reminder dated 12.05.2022, it is clear that it is a complaint lodged by the petitioner on the specific offence. Therefore, the said representation shall be deemed to be a complaint to the higher officials and the same has to be forwarded to the appropriate investigation authority. If the investigation authority, if satisfied that immediately a case has to be registered, shall register the same or in the event that preliminary enquiry is necessary, the same shall be conducted. If no further proceedings are taken, the petitioners shall be at liberty to follow the procedure as contemplated under Lalitha Kumari case, that is, to send further representation to higher officials and if no action is taken even thereafter, the petitioner can file a private complaint before the appropriate jurisdictional Magistrate, to be more specific, the direction issued by the Hon'ble Division Bench of this Court in Crl.O.P.(MD)No.13681 of 2018 and batch of cases, dated 20.09.2018, shall be followed.

4. With the above directions, this writ petition is disposed of. There shall be no order as to costs. Sd/- Vacation Officer //True copy// Sub Assistant Registrar lok/rts To 1.Tambaram Commissioner of Police, 42/1, Medavakkam Main Road, Sholinganallur, Chennai-119.

2.The Inspector of Police, S-16 Perumbakkam Police Station, Ezhil Nagar, Perumbakkam, Chennai-131.

3.The Public Prosecutor, High Court of Madras.

W.P.No.13376 of 2022 SSN(CO) GMY(31/05/2022) https://hcservices.ecourts.gov.in/hcservices/