Bhavani v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :02.08.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.13135 of 2021 Bhavani ... Petitioner

Versus

The State rep.by Inspector of Police, T-13, Kundrathur Police Station, Chennai.

... Respondent cr.No.381 of 2021 Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondent to conduct further investigation in Crime No.381 of 2021 include all the offence committed by accused as stated in the complaint dated 15.06.2021.

For Petitioner :

Mr.S.N.Subramani For Respondent :

Mr.Damodaran.A Government Advocate (Crl.side)

ORDER

This Criminal Original Petition has been filed seeking a direction to direct the respondent to conduct further investigation in Crime No.381 of 2021 and to include all the offence committed by accused as stated in the complaint dated 15.06.2021.

2.The contention of the petitioner is that her husband engaged the accused Saravanan, a Carpenter by profession, to do certain wood work. Since the work done by the accused is not satisfactory to the petitioner's husband, he stopped from doing the work any further. Enraged by this, it is stated that Saravanan parked his vehicle in front of the house of the petitioner and this led to a wordy quarrel. In connection with such quarrel, the petitioner has given three complaints to the respondent police on 20.12.2019, 21.01.2020 and 18.08.2020 and on the basis of those complaints enquiry was also conducted. While so, on 29.05.2021, due to a wordy quarrel, the accused assaulted the petitioner's husband with a wooden log and caused severe injuries on his leg. The accused also abused the petitioner with filthy language. The husband of the petitioner was admitted in Government General Hospital for treatment. While so, on the basis of the complaint given by the petitioner, the case in Crime No. 381 https://hcservices.ecourts.gov.in/hcservices/

of 2021 was registered for the offence under Sections 294 (b) and 323 of IPC. According to the petitioner, the respondent deliberately did not include the offences punishable under Section 307 and 506 (ii) of IPC., and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 1988. Therefore, the petitioner has come up with this petition. 3.Heard both sides and perused the materials available on record.

4.Considering the submission made by the learned counsel for the petitioner, the petitioner is directed to appear on 04.08.2021 before the respondent/police, along with the complaint copy, dated 15.06.2021 and other relevant materials available to substantiate her complaint. Thereafter, the respondent/police is directed to conduct and enquire with the petitioner and file a final report, considering the materials produced by the petitioner.

5.With the above directions, the Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar klt To 1.The Inspector of Police, T-13, Kundrathur Police Station, Chennai.

2.The Public Prosecutor, High Court, Madras.

+1 cc to M/s.S.N.Subramani, Advocate Sr.No. 37303 CRL.O.P.No.13135 of 2021 JP(CO) GN(02/08/2021) https://hcservices.ecourts.gov.in/hcservices/