Mrs. Suseela v. Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.12.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.30256 of 2015 Mrs.Suseela ... Petitioner Vs

1. Commissioner of Police, Vepery,

2. Inspector of Police, F-5, Choolaimedu Police Station, Chennai - 600 094.

... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. seeking a direction to the second respondent to register the case on the basis of complaint of the petitioner dated 08.12.2015.

For Petitioner : Mr.M.Mohana Sundaram For Respondents : Mr.C.Emalias, Additional Public Prosecutor

O R D E R

The present criminal original petition has been filed seeking a direction to the second respondent to register the case on the basis of complaint of the petitioner dated 08.12.2015.

2. The petitioner lodged a complaint on 08.12.2015 against her son and daughter-in-law stating that she was physically tortured by her son and daughter-in-law. But, till date, no action was taken on the said complaint enquiry by the respondent police. Hence, the petitioner has filed this criminal original petition.

3. I have heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

4. The learned Additional Public Prosecutor submits that the petitioner has to seek remedy only before the District Collector for his grievance. Thus, he opposed to give a direction to the police for registration of the complaint.

5. The learned counsel for the petitioner submitted that earlier the petitioner and her husband approached this Court in Crl.O.P.No.24868 of 2015, this Court by an order dated 27.10.2010, has directed the petitioner and her husband to give a fresh complaint to the second respondent and second respondent is directed to enquire into the matter and register a case.

6. In view of the submission made by the learned Additional Public Prosecutor, this Court directs the Assistant Commissioner, Nungambakkam to conduct an enquiry on the complaint of the petitioner dated 08.12.2015 and during the course of the 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. If no prima facie case is made out for investigation, he is directed to pass appropriate order on the said complaint.

7. This criminal original petition is disposed of accordingly.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar nvi To

1. The Commissioner of Police, Vepery,

2. The Inspector of Police, F-5, Choolaimedu Police Station, Chennai - 600 094.

3. The Public Prosecutor, High Court, Madras.

4. The Assistant Commissioner, Nungambakkam, Crl.O.P.No.30256 of 2015 AK(CO) CA(12/01/2016)