Kalaivani, W/O. Mohan v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.12.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.29937 of 2015 Kalaivani ... Petitioner Vs 1.The Commissioner of Police, Veppery, Chennai 600 007.

2.The Deputy Commissioner of Police, Adayar, Chennai 600 020.

3.The Inspector of Police, J-3, Guindy Police Station, Chennai 600 032. ... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. to direct the third respondent to register the complaint dated 12.10.2015 and investigate the same For Petitioner :

Ms.T.Sarala For respondents :

Mr.C.Emalias Additional Public Prosecutor

O R D E R

This petition has been filed to direct the third respondent to register the complaint dated 12.10.2015 and investigate the same in accordance with law.

2. The petitioner herein lodged a complaint against one Usha and her daughter Varalakshmi, son Srinivasan, husband Kuppusamy and also one Rajeswari and her daughter Sumithra stating that due to money dispute, the said Usha kidnapped her husband while he was going to office and threatened him with dire consequences and also assaulted him and caused injuries. Hence, a complaint was lodged on 12.10.2015. Since no action was taken inspite of lapse of two months, the present petition has been filed.

3. Learned counsel for the petitioner submitted that the petitioner's husband took treatment in a private hospital on 13.10.2015. Thus, she has sought for a direction as prayed for.

4. The learned Additional Public Prosecutor submitted that the petitioner has sent the complaint only by post. If the petitioner gives a complaint in person along with the wound certificate, necessary action will be taken.

5. Considering the submissions made on either side, this Court directs the petitioner to give a fresh complaint to the third respondent police along with the wound certificate and a copy of this order within a period of one week from the date of receipt of a copy of this order. On receipt of the said complaint, the third respondent police is directed to conduct an enquiry and upon enquiry, if the materials are gathered indicating any cognizable offence, he is directed to proceed further in accordance with law as early as possible. In the course of enquiry, if no prima facie is made out or the matter is civil in nature, he is directed to pass appropriate orders on the complaint made by the petitioner.

6. The criminal original petition is disposed of accordingly.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar To 1.The Commissioner of Police, Veppery, Chennai 600 007.

2.The Deputy Commissioner of Police, Adayar, Chennai 600 020.

3.The Inspector of Police, J-3, Guindy Police Station, Chennai 600 032.

4.The Public Prosecutor, High Court, Madras.

+2cc to M/s.T.Sarala, Advocate, S.R.No.67954 Crl.O.P.No.29937 of 2015 sld(CO) srg(18/01/2016)