M.Jaipunnisa v. The Deputy Inspector General

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.01.2015

CORAM

THE HON'BLE MR. JUSTICE R.S.RAMANATHAN Crl.O.P.No.342 of 2015 M.Jaipunnisa

...Petitioner

vs.

1. The Deputy Inspector General of Police, Villupuram District, Villupuram.

2. The Inspector of Police, B-1,Town Police Station, Villupuram District, Villupuram.

...Respondents

Criminal Original Petition filed under Section 482 of the Criminal Procedure Code praying to direct the respondent to register an FIR on the basis of the petitioner's complaint, dated 02.01.2015, against the persons mentioned in the complaint. For Petitioner : Mr.C.Prakasam For Respondents : Mr.M.Maharaja Additional Public Prosecutor

O R D E R

This petition is filed, seeking direction to the respondentPolice to register a case on the basis of the complaint given by the petitioner.

2.

It is submitted by the learned counsel appearing for the petitioner that the complaint given by the petitioner discloses cognizable offence and the petitioner's brother-in-law-Rajmohammed, is threatening the petitioner and her family members and she apprehends danger in the hands of her brother-in-law, and therefore, case has to be registered on the basis of the complaint given by her. 3.

It is submitted by the learned Additional Public Prosecutor that, similar compliant was given by the petitioner's husband on 24.11.2014, and that was found to be civil in nature and the https://hcservices.ecourts.gov.in/hcservices/

petitioner's husband also filed Crl.O.P.No.32008 of 2014, before this Court, seeking the relief, as sought herein and this Court, by order, dated 08.12.2014, dismissed the said Petition, granting liberty to the petitioner's husband to workout his remedies in the manner known to law, and thereafter, this Petition is filed by the petitioner. 4.

Heard both sides and I have gone through the complaint given by the petitioner's husband, dated 24.11.2014. In Crl.O.P.No.32008 of 2014, filed by the petitioner's husband, this Court held that the allegations made therein did not make any cognizable offence, warranting investigation and only civil transaction took place, which was attempted to be converted into criminal offence. A perusal of the present complaint also reveals the same, viz., civil transaction. Hence, this Petition is dismissed, granting liberty to the petitioner to workout her remedies through Civil Court.

sd -s/d- Assistant Registrar(J) Dt:10/2/2015 True Copy Sub-Assistant Registrar To

1. The Deputy Inspector General of Police, Villupuram District, Villupuram.

2. The Inspector of Police, B-1,Town Police Station, Villupuram District, Villupuram.

3. The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr.C.Prakasam, Advocate SR 4567 vd(co) prk13/2 Crl.O.P.No.342 of 2015 https://hcservices.ecourts.gov.in/hcservices/