V.Parimala v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.11.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.28333 of 2015 V. Parimala ... Petitioner Vs

1. The Superintendent of Police, Villupuram District, Villupuram.

2. The Sub Inspector of Police, Tirunavalur Police Station, Tirunavalur, Ulundurpet Taluk.

... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. seeking a direction to the respondent to register the F.I.R., on the basis of the complaint given by the petitioner on 12.11.2015 and to investigate the same and to file final report for the same.

For Petitioner : Mr.M. Gnanamoorthy For Respondent : Mr.C. Emalias Addl. Public Prosecutor.

O R D E R

The present criminal original petition has been filed seeking a direction to the respondent to register the F.I.R., on the basis of the complaint given by the petitioner on 12.11.2015 and to investigate the same and to file final report for the same.

2.The petitioner is a resident of Deviyanandal Village, Ulundurpet Taluk. On 3.11.2015, a Village Grama Sabha Meeting was held at Deviyanandal Village, in which, petitioner's husband Venkatesan also participated.

In the said meeting the petitioner's husband questioned the president to explain as to why no action was taken for water facility and also cleaning of water channels in the village and he also sought information under Right to Information Act. In the circumstances, due to previous enmity between the petitioner's husband and one

Velmurugan, on 11.11.2015, the said Velmurugan barged into the house of the petitioner and abused the petitioner in filthy language and also intended to insult the modesty of the petitioner. Hence the petitioner has given a complaint before the respondent on 12.11.2015 against the above persons, but till now, the respondent has failed to take any action .

3. Learned counsel for petitioner submitted that though the complaint was lodged on 12.11.2015, till date, the respondent police has not registered any case on her complaint. Hence, the present criminal original petition has been filed.

4. Learned Additional Public Prosecutor submitted that the complaint was was sent only by post and if the same is given in person, the respondent would take appropriate action.

5. I have heard the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondent.

6. In view of the submission made by the learned Additional Public Prosecutor, this Court directs the petitioner to give fresh complaint to the 2nd respondent within a period of one week from the date of receipt of a copy of this order along with a copy of this order and on receipt of the same, the 2nd respondent is directed to conduct an enquiry and upon enquiry, if materials are gathered indicating any cognizable offence, the 2nd respondent shall proceed further in accordance with law as early as possible. If no prima facie case is made out for investigation, the respondent is directed to pass appropriate order on the complaint.

7. This criminal original petition is disposed of accordingly.

msr s/d- Assistant Registrar(CCC) True Copy Sub-Assistant Registrar To

1. The Superintendent of Police, Villupuram District, Villupuram.

2. The Sub Inspector of Police, Tirunavalur Police Station, Tirunavalur, Ulundurpet Taluk.

3. The Public Prosecutor, High Court, Madras.

+ 1 cc to M/s.M.Gnanamoorthy, Advocate SR 64098 rsk(co) prk16/12 Crl.O.P.No.28333 of 2015