S.Gomathi v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.12.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.29479 of 2015 S.Gomathi ... Petitioner ..Vs..

State rep. By 1.

The Superintendent of Police, Vellore District, Sathuvachari, Vellore - 9.

2.

The Inspector of Police, All Women Police Station, Vellore.

... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. seeking a direction to the respondents to register a case based on the petitioner's complaint dated 03.02.2015 and investigate the same in accordance with law.

For Petitioner :

Mr.M.Rajendiran For Respondents :

Mr.C.Emalias, Addl. Public Prosecutor

O R D E R

The present Criminal Original Petition has been filed seeking a direction to the respondents to register a case based on the petitioner's complaint dated 03.02.2015 and investigate the same in accordance with law.

2.

It is the case of the petitioner that marriage between her and her husband, Satishkumar was held on 17.06.2013 at Kulathumedu, Ussoor, Vellore District in the presence of elders and relatives. The marriage was an arranged one and the petitioner's parents gave dowry of 45 sovereigns of gold and cash of Rs.5 lakhs and articles worth Rs.1,50,000/-, bureau and cot. After one month of her marriage, the petitioner's husband and his family members troubled the petitioner by demanding dowry for want of Rs.10 lakhs for buying a lorry to the

petitioner's brother-in-law, one Babu @ Rajkumar. Since they threatened the petitioner, she made a complaint to the 2nd respondent on 27.01.2014 against her husband and in-laws. Since no action was taken on the said complaint, the petitioner made another complaint with the 2nd respondent on 28.02.2014 and 27.12.2014. But the 2nd respondent only gave CSR copy vide CSR No.24 of 2014 dated 27.01.2014 and did not take any action against them. Thereafter, the petitioner made a complaint to the 1st respondent on 03.02.2015, but no action is taken so far even on the said complaint. Hence, having no other alternative, the petitioner has approached this Court with the above Criminal Original Petition.

3.

Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

4.

Learned Additional Public Prosecutor appearing for the respondents submitted that the petitioner may be directed to give a fresh complaint to the respondents and on receipt of the same, action will be taken.

5.

Considering the submissions made by the learned counsel on either side, I feel it appropriate to direct the petitioner to send a fresh complaint to the respondents along with a copy of this order within a period of one week from the date of receipt of a copy of this order and upon receipt of the same, the respondents are directed to conduct an enquiry and upon enquiry, if no prima facie case is made out, he is directed to pass appropriate orders in accordance with law. This Criminal Original Petition is disposed of accordingly. -s/dAssistant Registrar True Copy Sub-Assistant Registrar aeb

To :

1.

The Superintendent of Police, Vellore District, Sathuvachari, Vellore - 9.

2.

The Inspector of Police, All Women Police Station, Vellore.

3.

The Public Prosecutor, High Court, Madras.

Crl.O.P.No.29479 of 2015 sr(co) aa08/01/2016