Madras High CourtCRL OP/25700/2015dismissed

V.Premalatha v. The Commissioner Of Police

2015-11-17Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.11.2015

CORAM:

THE HON'BLE Mr.JUSTICE R.SUBBIAH Crl.O.P.No.25700 of 2015 V.Premalatha ... Petitioner Vs.

1.The Commissioner of Police, Coimbatore City, Coimbatore.

2.The Assistant Commissioner of Police Podhanur, Coimbatore.

3.The State, Rep by The Inspector of Police, Podhanur Police Station, Coimbatore City.

... Respondents Prayer :

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the 3rd respondent police to register the petitioner complaint dated 26.11.2013 in C.S.R.No.436/2013 and investigate the case in accordance with law.

For Petitioner : Mr.J.Karthikeyan For Respondents: Mr.C.Emalias Additional Public Prosecutor

ORDER

This petition is filed for a direction to the third respondent police to register the petitioner complaint dated 26.11.2013 in C.S.R.No.436 of 2013 and investigate the case in accordance with law.

2.The petitioner herein lodged a complaint as against her husband on 26.11.2013 stating that he developed illegal intimacy with one Thangamani @ Sayammal and also married the said Thangamani while the earlier marriage was in existence. Since the case has not been registered till now, came forward with this petition.

https://hcservices.ecourts.gov.in/hcservices/

3.When the matter was taken up for consideration today, the learned Additional Public Prosecutor submitted that on receipt of the complaint it was assigned C.S.R.No.436 of 2013 and on completion of enquiry, the said complaint was closed since the enquiry revealed that it was a non cognizable offence. 4.In view of the submissions made by the learned Additional Public Prosecutor, since the complaint is already closed, this Court cannot give any direction and hence, this Criminal Original Petition is dismissed. However, the petitioner is at liberty to work out her remedy in the manner known to law, if she is so aggrieved.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar pri To 1.The Commissioner of Police, Coimbatore City, Coimbatore.

2.The Assistant Commissioner of Police Podhanur, Coimbatore.

3.The Inspector of Police, Podhanur Police Station, Coimbatore City.

4.The Public Prosecutor High Court, Madras.

+ 1 cc to Mr.J.Karthikeyan, Advocate SR.62707 Crl.O.P.No.25700 of 2015 AR-II EU 24.11.15 https://hcservices.ecourts.gov.in/hcservices/