Tmt.M.Loganayagi v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.11.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.27646 of 2015 M.Loganayagi ... Petitioner Vs 1.The Superintendent of Police, Sathuvachari - 9, Vellore.

2.The District Superintendent of Police, Ranipet, Vellore District.

3.The Sub Inspector of Police, All Women Police Station, Ranipet, Vellore District.

... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. seeking a direction to the respondents police to register the petitioner's complaint dated 31.10.2015. For Petitioner :

Mr.A.Rajesh Kanna For Respondents :

Mr.C.Emalias, Additional Public Prosecutor

O R D E R

The present criminal original petition has been filed seeking a direction to the respondents Police to to register the petitioner's complaint dated 31.10.2015 and investigate the same in accordance with law.

2. The petitioner has given a complaint as against her husband on the allegation that he married another women, when the marriage between the petitioner and her husband is in existence. Hence, the petitioner lodged a complaint on 31.10.2015 under Section 494 IPC. But, till date no action was taken. Hence, the petitioner has filed the present criminal original petition.

3. Today, when the matter was taken up for consideration, the learned Additional Public Prosecutor submitted that earlier the petitioner lodged a complaint as against her husband under https://hcservices.ecourts.gov.in/hcservices/

Section 498-A IPC, in which the petitioner was convicted and sentenced to under go two years rigorous imprisonment and fine of Rs.1,000/-. Thereafter, the petitioner has given the present complaint under Section 494 IPC. He further submits that 494 IPC is a non cognizable offence and thus he opposed to give a direction to the respondent police to register a case.

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

5. Since the offence under Section 494 IPC is a non cognizable offence, I am of the opinion that there is no need to give a direction to the respondent police to register a case and therefore, this petition is liable to be dismissed. Accordingly, this petition is dismissed.

vsm Sd/- Asst.Registrar (CS IV ) /true copy/ Sub Asst. Registrar To 1.The Superintendent of Police, Sathuvachari - 9, Vellore.

2.The District Superintendent of Police, Ranipet, Vellore District.

3.The Sub Inspector of Police, All Women Police Station, Ranipet, Vellore District.

4.The Public Prosecutor, High Court, Madras.

+1 cc to Mr.A.Rajesh, Advocate, sr.62123 Crl.O.P.No.27646 of 2015 msm co kra 30.11.2015 https://hcservices.ecourts.gov.in/hcservices/