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Madras High CourtCRL OP/27345/2015disposed of

Mrs.D.Karpagha Janani v. The Asst.Commissioner Of

2015-11-05Honourable Mr Justice R.Subbiah3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.11.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.27345 of 2015 D.Karpagha Janani ... Petitioner Vs 1.The Assistant Commissioner, Mylapore Range, Chennai-4.

2.The Inspector of Police, W-22, All Women Police Station, Mylapore, Chennai-4.

3.The Assistant Commissioner of Police, Anna Nagar Range, K.4, Anna Nagar Police Station, Chennai-40.

4.The Inspector of Police, All Women Police Station, Anna Nagar, Chennai-40.

... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. to direct any one of the respondents having power and jurisdiction to register an FIR against the husband of the petitioner M.Kailash, parents in law of the petitioner A.Mani and Thilagam, all residing at Z.251, 1st Street, 11th Main Road, Anna Nagar, Chennai-40 pursuant to the complaint dated 20.10.2015 vide petition No.346/2015 given to the second respondent and to deal with the said persons in accordance with law.

For Petitioner :

Mr.S.D.Venkateswaran For Respondents :

Mr.C.Emalias, Addl. Public Prosecutor

ORDER

The present criminal original petition has been filed praying to direct any one of the respondents having power and jurisdiction to register an FIR against the husband of the petitioner M.Kailash, parents in law of the petitioner A.Mani and Thilagam, all residing at Z.251, 1st Street, 11th Main Road, Anna Nagar, Chennai-40 pursuant to the complaint dated 20.10.2015 vide petition No.346/2015 given to the second respondent and to deal with the said persons in accordance with law.

2. In the petition, it is averred that the petitioner got married with one M.Kailash on 27.1.2013. From the date of marriage, the petitioner's husband and parents in law started teasing her and asking her for dowry such as jewels and forced to get money and insisted her for transferring her property in their name. Even during her pregnancy, she was beaten and tortured by them. On 3.1.2014, she gave birth to two kids. Even thereafter, she had to undergo various tortures. Everyday, her husband used to beat her brutally on her face, head and also on her private parts. Hence, she has lodged a complaint with the first respondent on 20.10.2015, who in turn, forwarded the said complaint to the second respondent. But, till date, no action was taken on the said complaint. Hence, the present petition.

3. Learned Additional Public Prosecutor submitted that the complaint lodged by the petitioner dated 20.10.2015 has been assigned CSR Number as C.S.R.No.346 of 2015.

4. Considering the facts and circumstances of the case and considering the fact that the complaint lodged by the petitioner dated 20.10.2015 has been assigned CSR Number as C.S.R.No.346 of 2015, this Court directs the second respondent to conduct enquiry in C.S.R.No.346 of 2015 and upon enquiry, if materials are gathered indicating commission of any cognizable offence, he is directed to proceed further in accordance with law, as early as possible. This criminal original petition is disposed of accordingly.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar

To 1.The Assistant Commissioner, Mylapore Range, Chennai-4.

2.The Inspector of Police, W-22, All Women Police Station, Mylapore, Chennai-4.

3.The Assistant Commissioner of Police, Anna Nagar Range, K.4, Anna Nagar Police Station, Chennai-40.

4.The Inspector of Police, All Women Police Station, Anna Nagar, Chennai-40.

5.The Public Prosecutor, High Court, Madras.

+1 cc to Mr.S.D.Venkateswaran Advocate sr.61037 Crl.O.P.No.27345 of 2015 aa18/11/2015