N.Subbiah v. The Commissioner Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.01.2016
CORAM
THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.1672 of 2016 N.Subbiah ... Petitioner Vs
1. The Commissioner of Police, Police Commissioner Office, Thiruppur.
2. The Inspector of Police, Somanur Police Station, Somanur, Thiruppathur District.
... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. seeking a direction to the respondents to register the complaint dated 02.12.2015 and take necessary action. For Petitioner :Mr.Mohammed Nasrullah for Mr.V.Jeyarani For Respondents :Mr.C.Emalias, Additional Public Prosecutor.
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O R D E R
The present criminal original petition has been filed seeking a direction to the respondents to register a case on the basis of the complaint given by the petitioner dated 02.12.2015 and take necessary action.
2.The case of the petitioner is that he married one Petchiammal, who is working as a Hospital Worker at Government Primary Health Centre, Somanur, Tiruppur District, as his second wife in the year 1986. At the time of marriage, she informed that she is a widow and she has completed her 8th standard and that she had joined at the above Government Primary Health Centre on the basis that she is a widow. Believing her words, the petitioner agreed to marry her and the marriage was registered on 13.06.1986 before Basarath Registered Office. The said Petchiammal underwent vasectomy operation and she has taken her son Kandasamy as her legal heir and entered his name in her service register. Therefore, she is trying to avoid the https://hcservices.ecourts.gov.in/hcservices/
petitioner in every matter. When the petitioner enquired Petchiammal, she has not given proper reply. Thereafter, the petitioner verified the marriage registration and he came to know that the marriage between her and the petitioner was subsequently cancelled by the said Petchiammal without the petitioner's consent. Hence, the petitioner lodged a complaint before the 2nd respondent-police. Since no action was taken so far, the petitioner has come forward with the present criminal original petition.
3.The learned Additional Public Prosecutor submitted that no cognizable offence is made out in the complaint of the petitioner dated 02.12.2015 and hence, no direction can be given to the respondents-police.
4.I have heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.
5.In view of the submissions made on either side and on perusal of the complaint given by the petitioner dated 02.12.2015, I finds that no cognizable offence is made out warranting this Court to give a direction to the 2nd respondentpolice to register a case based on the petitioner's complaint dated 02.12.2015. Hence, I am not inclined to give any direction to the 2nd respondent-police. Accordingly, this criminal original petition is dismissed. However, the petitioner is at liberty to work out his remedy in the manner known to law. ari s/d- Assistant Registrar(CS-VI) True Copy Sub-Assistant Registrar To
1. The Commissioner of Police, Police Commissioner Office, Thiruppur.
2. The Inspector of Police, Somanur Police Station, Somanur, Thiruppathur District.
3. The Public Prosecutor, High Court, Madras.
mp(co) prk18/2 Crl.O.P.No.1672 of 2016 https://hcservices.ecourts.gov.in/hcservices/