Madras High CourtCRL OP/29626/2015disposed of

Mrs. P. Sagaya Mery v. State Represented By

2015-12-15Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.12.2015

CORAM:

THE HON'BLE Mr.JUSTICE R.SUBBIAH Crl.O.P.No.29626 of 2015 P.Sagaya Mary ... Petitioner Vs.

The Inspector of Police, Melpadi Police Station, Melpadi, Vellore District ... Respondent Prayer :

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the respondent to register the complaint dated 28.11.2015 and taken on file the complaint lodged by the petitioner herein.

For Petitioner : Mr.M.Mohamed Hasain For Respondent : Mr.C.Emalias Additional Public Prosecutor

ORDER

This petition has been filed seeking a direction to the respondent to register the complaint dated 28.11.2015 given by the petitioner.

2.The petitioner herein lodged a complaint as against one E.P.Venkatesan @ Chinnaraj, V.Udayakumar, V.Gopalakrishnan and T.Asokan on the allegation that they have abused her with filthy language and assaulted her with hands and wooden log. Though the complaint was lodged as early as on 28.11.2015, no action has been taken so far. Hence, this petition.

3. When the matter was taken up for consideration today, the learned Additional Public Prosecutor submitted that the petitioner may be directed to give a fresh complaint to the respondent and on receipt of the fresh complaint, the respondent would take appropriate action.

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

5. In view of the submissions made by the learned Additional Public Prosecutor, this Court directs the petitioner to give a fresh complaint along with a copy of this order to the https://hcservices.ecourts.gov.in/hcservices/

respondent within a period of one week from the date of receipt of a copy of this order and the respondent on receipt of the same is directed to conduct enquiry on the same and upon enquiry, if materials are gathered indicating commission of any cognizable offence, is directed to proceed further in accordance with law, as early as possible. If no prima facie case is made out the respondent is directed to pass an appropriate order on the complaint of the petitioner.

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

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar srn To

1. The Inspector of Police, Melpadi Police Station, Melpadi, Vellore District 2.The Public Prosecutor High Court, Madras.

+ 1 cc to M/s.M. Mohamed Hasain, Advocate Sr.67373 Crl.O.P.No.29626 of 2015 UG(CO) EU 05.1.16 https://hcservices.ecourts.gov.in/hcservices/