V. Palaniammal v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.11.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.28290 of 2015 V.Palaniammal ... Petitioner Vs 1.State Rep. By The Director General of Police, Dr.Radhakrishnan Salai, Mylapore, Chennai 600 004.

2.The Superintendent of Police, Office of the Superintendent of Police, Namakkal District.

3.The Deputy Superintendent of Police, Paramathi Velur, Namakkal District.

4.The Inspector of Police, All Women Police Station - Velur, Namakkal District.

... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. seeking a direction to the fourth respondent to conduct investigation and register the petitioner's complaint dated 02.11.2015 in Crime No. not known of 2015 on the file of the third respondent police and file a final report before the competent Court.

For Petitioner : Mr.M.K.Bhoopathy Rajan 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 fourth respondent to register a case based on the complaint of the petitioner dated 02.11.2015 and to file a final report before the competent Court.

2.The case of the petitioner is that the petitioner is working as a Nurse in a Private Hospital. Her marriage was solemnized with one Mr.Sakthivel on 23.05.2012. Out of their wedlock, a girl child was born. Due to misunderstanding between the petitioner and her husband, the petitioner had filed a divorce petition in H.M.O.P.No.105 of 2014 before the Sub Court, Tiruchengodu and she got divorce on 05.02.2015. While so, one Muthusamy approached the petitioner to remarry her and promised her to take care her girl child and also his family members. He also promised to perform their marriage, within few months. Based on his false promise, the petitioner had physical relationship with the said Muthusamy.

Thereafter, when the petitioner asked to remarry her, he refused to marry her and also threatened to kill herself and her family members with dire consequences. It is her further case that the said Muthusamy is ready to pay compensation of Rs.2 lakhs for being spoiled her life. Hence, the petitioner lodged a complaint before the fourth respondent police on 02.11.2014. On receipt of the complaint, C.S.R.No.79 of 2015 has been assigned. But, no action has been taken sofar. Hence, the petitioner has filed the present criminal original petition.

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

4.The learned Additional Public Prosecutor submitted that on receipt of the complaint of the petitioner dated 02.11.2015, C.S.R.No.79 of 2015 has been assigned and the matter is pending for enquiry.

5.In view of the submissions made by the petitioner as well as the Additional Public Prosecutor, this Court directs the 4th respondent to conduct enquiry on the complaint of the petitioner, dated 02.11.2015 in C.S.R.No.79 of 2015 and upon enquiry, if materials are gathered indicating commission of any cognizable offence, the 4th respondent is directed to proceed further in accordance with law, as early as possible.

6. This criminal original petition is disposed of accordingly.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar vs/ari

To 1.State Rep. By The Director General of Police, Dr.Radhakrishnan Salai, Mylapore, Chennai 600 004.

2.The Superintendent of Police, Office of the Superintendent of Police, Namakkal District.

3.The Deputy Superintendent of Police, Paramathi Velur, Namakkal District.

4.The Inspector of Police, All Women Police Station - Velur, Namakkal District.

5.The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr.K.Bhoopathi, Advocate Sr.63838 Crl.O.P.No.28290 of 2015 SV(CO) Eu 21.12.15