Madras High CourtCRL OP/1701/2016disposed of

A.Helen Rubavathi v. The Inspector Of Police

2016-01-28Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :28.01.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.1701 of 2016 A.Helen Rubavathi ... Petitioner Vs The Inspector of Police, All Women Police Station, W7, Aminjikarai Police Station, Chennai.

... Respondent Criminal Original Petition filed under Section 482 Cr.P.C. seeking a direction to the respondents police herein to register the complaint of the petitioner herein dated 07.03.2015 in C.S.R.No.45/2015 as per law against the proposed accused persons.

For Petitioner : Mr.S.Venkatasubramaniyan For Respondent : Mr.C.Emalias Additional Public Prosecutor --------

O R D E R

The present criminal original petition has been filed seeking direction to the respondent to register a case on the basis of the complaint given by the petitioner dated 07.03.2015 in C.S.R.No.45 of 2015 as per law against the proposed accused persons.

2.The petitioner herein lodged a complaint on 07.03.2015 as against her husband Immanuvel alleging that the petitioner's husband demanded dowry by threatening the petitioner. Though the petitioner lodged a complaint on 07.03.2015 before the respondent police for the alleged offence punishable under Sections 498(A), 406, 294(b) and 506(i) IPC, since no action was taken so far, she has come forward with the present criminal original petition.

3.The learned Additional Public Prosecutor submitted that on receipt of the complaint of the petitioner, C.S.R.No.45 of 2015 has been assigned and the matter is pending for enquiry. Further, the learned Additional Public Prosecutor submitted that https://hcservices.ecourts.gov.in/hcservices/

at the relevant point of time, the petitioner's husband was in jail in connection with some other criminal case and therefore, the respondent-police is not in a position to enquire him and only now, he has come out on bail and that the respondent-police would conduct an enquiry based on the complaint given by the petitioner.

4.I have heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.

5.In view of the submissions made on either side, this Court directs the respondent-police to re-open the complaint given by the petitioner dated 07.03.2015 in C.S.R.No.45 of 2015 and to conduct an enquiry and upon enquiry, if materials are gathered indicating commission of any cognizable offence, the respondent-police is directed to proceed further in accordance with law, as early as possible. If no prima facie case has been made out, the respondent-police is at liberty to pass appropriate order on the complaint given by the petitioner. 6.This criminal original petition is disposed of accordingly.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar ari To 1.The Inspector of Police, All Women Police Station, W7, Aminjikarai Police Station, Chennai.

2.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.1701 of 2015 aa19/02/2016 https://hcservices.ecourts.gov.in/hcservices/