M.Valarmathi v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.11.2015

CORAM:

THE HON'BLE Mr.JUSTICE R.SUBBIAH Crl.O.P.No.26447 of 2015 M.Valarmathi .. Petitioner Vs.

The Inspector of Police G-7, Chetpet Police Station, Chetpet, Chennai - 31 .. Respondent Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the respondent police to register the complaint dated 14.10.2015 given by the petitioner against S.Manivanan, S/o.M.Subramani and his wife Anitha and Sowmiya, W/o.S.Manimaran, all residing at No.10, Jaganathapuram, 2nd Street, Chetpet, Chennai - 31 and file a final report thereof in accordance with law within such period as may be stipulated by this Hon'ble Court.

For Petitioner : Mr.C.P.Sivamohan For Respondents : Mr.C.Emalias Additional Public Prosecutor

ORDER

This petition has been filed seeking a direction to the respondent police to register the complaint dated 14.10.2015 given by the petitioner.

2. The case of the petitioner is that her husband is Central Government employee working as Assistant Accounts Officer in the Central Excise Department. In connection with his employment, the petitioner's husband would have to leave out of station for auditing to other parts of Tamilnadu and also to Kerala and Karnataka. The place where the petitioner was living with her family belonged to her father in law and she lives in a portion of the property and the other portions are being occupied by her mother-in-law, brother-inlaws with their wives. After the death of her father in law in the year 2011, the petitioner's husband is entitled to one share in the property. Whileso, the brothers and sister of petitioner's husband have been attempting to drive out the petitioner with her family with an ill intention to grab the share of the petitioner's husband. On 14.10.2015, they have attacked the petitioner with hands and with https://hcservices.ecourts.gov.in/hcservices/

water buckets and also with fruit and vegetable baskets, due to which, the petitioner sustained serious injuries. Hence the petitioner lodged complaint with the respondent police and on receipt of the same, the same has been assigned in CSR.No.292 of 2015. Since the case has not been registered till now, the petitioner has came forward with this petition.

3. When the matter is taken up for hearing, the learned Additional Public Prosecutor would submit that the complaint lodged by the petitioner was registered in Crime No.1448 of 2015 for the offences punishable under Sections 294(b) and 323 of IPC. 4.

In view of the submissions made by the learned Additional Public Prosecutor, since already the complaint has been registered, now nothing survives in this petition for adjudication and hence, this Criminal Original Petition is closed. However, the respondent is directed to complete the investigation and file final report as early as possible.

Msr Sd/- Assistant Registrar (CS-V) /True Copy/ Sub-Assistant Registrar To

1. The Inspector of Police G-7, Chetpet Police Station, Chetpet, Chennai - 31

2. The Public Prosecutor High Court, Madras.

+1 C.C. To MR.C.P.Sivamohan, Advocate in SR.NO.64218 Crl.O.P.No.26447 of 2015 SV(CO) sd : 15/12/2015 https://hcservices.ecourts.gov.in/hcservices/