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Madras High CourtCRL OP/24864/2015closed

Suganya v. State Rep. By

2015-10-30Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.10.2015 C O R A M THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.OP.No.24864 of 2015 Suganya

...Petitioner

Vs.

State rep.by 1.The Commissioner of Police, Greater Chennai, Vepery, Chennai - 600 007.

2. The Joint Commissioner of Police, West Zone, Office of the Joint Commissioner, Ambattur, Chennai.

3.The Inspector of Police, W-30, All women Police Station, Poonamallee, Chennai 600 056.

... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C. to direct the 3rd respondent to register a case on the basis of the petitioner's complaint dated 28.06.2012 and to investigate the same in accordance with law.

For Petitioner : Mr.C.Deivasigamani For Respondents : Mr.C. Emalias Addl. Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to direct the 3rd respondent to register a case on the basis of the petitioner's complaint dated 28.06.2012 and to investigate the same in accordance with law.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondents.

3. It is seen that the petitioner has lodged a complaint dated 28.06.2012 making sweeping allegations against her husband and her in-laws. The complaint was referred to Social Welfare to the Dowry Prohibition Officer, Kancheepuram to conduct https://hcservices.ecourts.gov.in/hcservices/

enquiry and in the enquiry report dated 10.12.2012, a finding has been given that the petitioner's husband admitted that he has re-married. Since the complaint of the petitioner dated 28.06.2012 does not disclose any cognizable offence, the respondent police have not registered an FIR as regards bigamy. Since it is a non-cognizable offence and only private complaint can be filed.

Under such circumstances, this petition is closed with liberty to the petitioner to workout her remedy in the manner known to law.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar sms To 1.The Commissioner of Police, Greater Chennai, Vepery, Chennai - 600 007.

2. The Joint Commissioner of Police, West Zone, Office of the Joint Commissioner, Ambattur, Chennai.

3.The Inspector of Police, W-30, All women Police Station, Poonamallee, Chennai 600 056.

4. The Public Prosecutor High Court, Madras.

+ 1 cc to Mr.C.Deivasigamani, Advocate SR.59777/15 CRL.OP.No.24864 of 2015 SV(CO) EU 17.11.15 https://hcservices.ecourts.gov.in/hcservices/