Madras High CourtCRL OP/18509/2016closed

D.Usha, Female Aged 29 v. The Inspector Of Police

2016-09-06Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 06.09.2016

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.OP.No.18509 OF 2016 D.Usha ... Petitioner Vs The Inspector of Police, All Woman Police Station, Ashok Nagar, Chennai-86.

... Respondent Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the respondent to register the complaint of the petitioner dated 11.06.2016 and further direct the respondent and to investigate the case in accordance with law and to file a final report within a stipulated time. For Petitioner : Mr.S.Saravana Sathish Kumar For Respondent : Mr.C.Emalias, APP

O R D E R

This petition has been filed to direct the respondent not to register the petitioner's complaint dated 11.06.2016.

2. Heard the learned counsel for the petitioner; learned Additional Public Prosecutor for the respondent and perused the materials placed on record.

3. When the matter was taken up for hearing, learned Additional Public Prosecutor submitted that on the complaint lodged by the petitioner, a case in Crime No.3 of 2015 was registered on 02.03.2015 for offences under Section 294[b], 417 and 506[i] IPC against her husband Satheesh Kumar and mother-inlaw Chandra. https://hcservices.ecourts.gov.in/hcservices/

4. It is seen that the petitioner has filed a second complaint dated 11.06.2016 for the same allegations. Under such circumstances, no positive direction can be issued to the respondent Police to register an FIR on the complaint dated 11.06.2016. However, the respondent Police is directed to complete the investigation in Crime No.3 of 2015 and file a final report or a closure report as the case may be, expeditiously, under due intimation to the de facto complainant. With the above direction, this petition is closed. Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar To 1.The Inspector of Police, AWPS, Ashok Nagar, Chennai-86.

2.The Public Prosecutor, High Court, Madras.

CRL.OP.No.18509 OF 2016 svi[co] srg 26/09/2016 https://hcservices.ecourts.gov.in/hcservices/