Jegabar Nachiyar v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.12.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.29625 of 2015 Jegabar Nachiyar ... Petitioner Vs

1. The Superintendent of Police, Office of the Superintendent of Police, Nagapattinam District

2. The Inspector of Police, All Women Police Station, Nagapattinam, Nagapattinam District ... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. seeking a direction to the respondent police to register the complaint on 19.11.2015, lodged by the petitioner. For Petitioner :

Mr.Greetha Senthilkumar For Respondents :

Mr.C.Emalias Additional Public Prosecutor

O R D E R

The present criminal original petition has been filed seeking direction to the respondent to register the complaint given by the petitioner dated 19.11.2015.

2.

In the petition, it has been stated that the petitioner is residing at No.2, Old Street, Opposite to BSNL Office, Nagapattinam. She further stated that one Geetha, working as a Teacher in the Kadambadi Village, Panchayath Middle School, Nagapattinam assured the petitioner that she would arrange job for the petitioner in her School. On 07.12.2014, the said Geetha asked the petitioner to come to her house and on that day, she was not in house and her husband Vijayakumar, who was in the house, told that his wife went out and made the petitioner to wait for some time. The said Vijayakumar gave cool drink to the petitioner and she felt partially drowsy and https://hcservices.ecourts.gov.in/hcservices/

at that time, he committed rape on her. Hence, the petitioner lodged a complaint before the respondent police on 19.11.2015. But, till date no action was taken. Hence, the present criminal original petition has been filed.

3.

I have heard the learned counsel appearing for the petitioner as well as the learned Additional Public Prosecutor. 4.

When the matter was taken up for consideration today, the learned Additional Public Prosecutor submitted that the complaint was given only through post and if a fresh complaint is given in person to the second respondent, necessary action would be taken.

5.

In view of the submissions made by the learned Additional Public Prosecutor, this Court directs the petitioner to give a fresh complaint to the second respondent in person, 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 on receipt of the same, the second respondent is directed to conduct enquiry on the same and upon enquiry, if materials are gathered indicating commission of any cognizable offence, he is directed to proceed further in accordance with law, as early as possible.

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

srn s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar To

1. The Superintendent of Police, Office of the Superintendent of Police, Nagapattinam District

2. The Inspector of Police, All Women Police Station, Nagapattinam, Nagapattinam District

3. The Public Prosecutor, High Court, Madras.

+ 1 cc to M/s.Greethasentilkumar, Advocate SR 67790 su(co) prk8/1 Crl.O.P.No.29625 of 2015 https://hcservices.ecourts.gov.in/hcservices/