Sasikala v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.10.2021 CORAM :
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.NO.18729 OF 2021 M. Sasikala ... Petitioner
Versus
1. State rep. by The Assistant Commissioner of Police, Office of the Assistant Commissioner of Police, HCF Main Road, Avadi, Chennai 600 054.
2. The Inspector of Police, All Women Police Station, TNHB, Avadi, Chennai 600 054 ...Respondents PRAYER:
This Criminal Original Petition has been filed under Section 482 Cr.P.C. to direct the 2nd respondent/Inspector of Police, Avadi-AWPS, to register the petitioner's complaint dated 25.02.2021 and vide CSR No.74/2021 and file a FIR. For Petitioner : Mr. B.K.Singh For Respondents : Mr.R.Vinothraja, Government Advocate (Crl.side)
ORDER
This Criminal Original Petition has been filed to direct the 2nd respondent to register the petitioner's complaint dated 25.02.2021.
2. The contention of the petitioner is that on 25.02.2021, she had lodged a complaint before the All women Police Station, Tambaram. Though CSR No.74 of 2021 assigned, no First Information Report has been registered. Hence, the present petition.
3. The learned counsel for the petitioner submitted that the marriage between the petitioner and one Parimeazhagan had taken place on 10.05.2017. Out of wedlock, they have blessed with a girl child on 14.01.2018 and after marriage, she was residing with her husband for 3 1/2 years. During July 2020, she was unable to live with her husband since her husband become violent, abused her, assaulted her and chased her away from the matrimonial home. Her sister-in-law Pournami and his relative Akbar Udeen had also given life threat. She had sought for return of Sridhana and other articles. Hence, case to be registered against her brother in law Akbar Udeen, Pagalavan and others.
4. He further submitted that though cognizable offence made out, no action has been taken and she has been running from pillar to post from February 2021. Her husband and his relatives are powerful persons in the locality and the respondent police are complacent and no action has been taken.
5. Mr. R.Rajendran, learned counsel appearing for Akbar Udeen, who is the brother of the petitioner's estrange husband, submitted that in the matrimonial dispute, a false complaint has been lodged and they have been unnecessarily harassed.
6. The learned Government Advocate (Crl.Side) submitted that on the point of jurisdiction, CSR No.74 of 2021 has been forwarded from All women Police Station, Ambattur to All women Police Station, Avadi and thereafter, CSR No.596 of 2021 has been assigned, in which enquiry has been conducted and closed on 24.10.2021.
7. Considering the fact that since already enquiry has been conducted and the complaint of the petitioner was closed, nothing survives for adjudication in this petition . Hence, this Criminal Original Petition is closed. The respondent police is directed to serve the copy of the closure report to the petitioner enabling her to take appropriate action in the manner known to law, if she feel so. The petitioner can give a representation to the Superior Police Officer for the inaction of the police.
Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar mrp
To
1. The Assistant Commissioner of Police, Office of the Assistant Commissioner of Police, HCF Main Road, Avadi, Chennai 600 054.
2. The Inspector of Police, All Women Police Station, TNHB, Avadi, Chennai 600 054
3. The Public Prosecutor, High Court, Madras.
+1cc to Mr.B.K.Singh, Advocate SR.NO.55273 +1cc to Mr.R.Rajendran, Advocate SR.NO.54450 CRL.O.P.No.18729 of 2021 (CO) PM/26/11/2021