Pushkala v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.11.2015

CORAM:

THE HON'BLE Mr.JUSTICE R.SUBBIAH Crl.O.P.No.25884 of 2015 Pushkala ... Petitioner Vs.

The Inspector of Police, T-3, Korattur Police Station, Korattur, Chennai.

... Respondent Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the respondent herein to register a case based on the complaint given by the petitioner dated 03.10.2015 and investigate the matter in accordance with law.

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

ORDER

This petition is filed for a direction to the respondent herein to register a case based on the complaint given by the petitioner dated 03.10.2015 and investigate the matter in accordance with law.

2. In the petition it has been stated that the petitioner has completed Engineering and staying along with her mother. It is further stated that the petitioner's mother is a Government Employee and taking advantage of the situation that the petitioner's father is living separately, one Sivakumar who is living opposite to the petitioner's house is continuously harassing the petitioner. It is further stated that the said Sivakumar and his wife Selva Rani abused the petitioner's mother in front of others. It is further stated that on 03.10.2015 at about 11 a.m., when the petitioner and her mother were riding in their car, the above said Sivakumar followed them in his two wheeler and waylaid their car and obstructed the way.

The petitioner unable to overtake the two wheeler went in a different way and finally unable to tolerate the harassment given by the said Sivakumar, lodged a complaint on 03.10.2015, but till date no action was taken since the said Sivakumar is working as a driver of the Personnel Secretary of the present Minister. Hence, this petition. https://hcservices.ecourts.gov.

3. The learned Additional Public Prosecutor submitted that the wife of the said Sivakumar has also given a complaint as against the petitioner and subsequently, the parties have entered into compromise and hence, the said complaint was closed. He also produced a copy of the closure report for the perusal of this Court.

4. The learned counsel appearing for the petitioner denies the same.

5. Irrespective of the submissions made on either side, this Court is of the opinion that since the complaint is already closed, now this Court cannot give any directions and hence, this Criminal Original Petition is dismissed. However, the petitioner is at liberty to work out her remedy under Section 156(3) of Cr.P.C., if she is so aggrieved.

pri Sd/- Assistant Registrar /True Copy/ Sub-Assistant Registrar To

1. The Inspector of Police, T-3, Korattur Police Station, Korattur, Chennai.

2. The Public Prosecutor High Court, Madras.

+1 C.C. To MR.V.Karnan, Advocate in SR.NO.62117 Crl.O.P.No.25884 of 2015 VSN(CO) sd : 27/11/2015 https://hcservices.ecourts.gov.in/hcservices/