Madras High CourtCRL RC/1141/2022disposed of with direction

Malathi v. Kathikuthu Periyasamy

2024-07-10Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.07.2024

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI Malathi ... Petitioner -Vs1. KATHIKUTHU PERIYASAMY

2. RAJARAM

3. CHELLAM

4. VALARMATHI

5. SENTHAMIZH SELVI SUB INSPECTOR OF POLICE, MANGALAMEDU POLICE STATION, PERAMBALUR DIST.

6. JAYALAKSHMI INSPECTOR OF POLICE, MANGALAMEDU POLICE STATION, PERAMBALUR DIST.

... Respondents Prayer : Criminal revision is filed under Sections 397 and 401 of the Criminal Procedure Code, to set aside the order of the Learned Additional Mahila Court Perambalur passed in Crl MP No.2898 of 2022 dated 24.06.2022 and allow this revision petition.

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For petitioner : Mr.G.Ilamurugu For Respondents : Mr.A.Gopinath For R6 Government Advocate (Crl. Side)

O R D E R

The Criminal Revision is filed against the order of the Learned Additional Mahila Court, Perambalur passed in Crl MP No.2898 of 2022 dated 24.06.2022

2. The case of the prosecution is that during the funeral ceremney of the petitioner's husband, the respondents 1 to 5 made disputes to the petitioner. Hence, the petitioner lodged a complaint before the 6th respondent. But the 6th respondent has taken any steps and she not filed FIR against them. Hence, petitioner has filed a private complaint under Section 156 (3) Cr.P.C. Against the petitioner for the offence under Section 294(b), 323, 324, 406, 354, 509, 166(A), 506(ii) IPC read with Section 4 of Woman Harassment Act for filing FIR as against the respondents before the Mahila Court, Perambalur. The learned Judge, after considering the materials and evidence, referred the matter to the 6th respondent. However, till date, the 6th respondent has not taken any 2/4

steps to file final report as against the respondents. Hence, the petitioner has filed the present revision before this Court.

3. The learned counsel for the petitioner submitted that this Court may issue a direction to the trial Court to file a final report in Cr.No.208/2022 within the stipulated time as fixed by this Court.

4. The learned Government Advocate submitted that the final report will be filed within a period of eight weeks.

5. Heard the learned counsel for the petitioner as well as the learned Government Advocate and perused the materials available on record.

6. In view of the fair submission made by the learned Government Advocate, this Court directs the 6th respondent to file final report within a period of eight weeks from the date of receipt of a copy of this order. It is made clear that the delay in registering the FIR will not stand against the petitioner. 3/4

M.DHANDAPANI,J.

Rli

7. With the above direction, the revision case is disposed of. 10.07.2024 rli Index : Yes/No Internet:Yes/No Speaking Order : Yes/No To

1. The Additional Mahila Court Perambalur.

2. The Inspector of Police, Mangalamedu Police Station, Perambalur District.

3. The Public Prosecutor, High Court, Madras.

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