Madras High CourtCRL OP/19607/2019disposed of

S.Padmasree v. The Inspector Of Police

2019-07-24Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.07.2019

CORAM

THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH Crl.O.P.No.19607 of 2019 S.Padmasree ... Petitioner Vs.

1.The Inspector of Police, W17, Peravallur All Women Police Station, Chennai.

2.D.Selvakumar @ Srinivasan ... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the 1st respondent police to recover the petitioner's certificates and articles from the 2nd respondent pursuant to the complaint of the petitioner dated 10.07.2019 and handover to the petitioner.

For Petitioner : M/s.T.Sai Krishnan For Respondents: Mr.M.Mohamed Riyaz, Additional Public Prosecutor for R1

O R D E R

This petition has been filed for a direction to the respondent police to recover the certificates and articles belonging to the petitioner from the second respondent.

2. The learned counsel for the petitioner submitted that the petitioner had instituted proceedings against the second respondent in M.C.No.4 of 2017. The matter was referred to the Mediation Centre and the parties arrived at a settlement before the Mediation Centre. As per the terms of the settlement, the second respondent has to hand over the entire articles and certificates belonging to the petitioner. This has not been complied with by the second respondent. Therefore, the petitioner is seeking the help of the police to get back the articles and the certificates.

https://hcservices.ecourts.gov.in/hcservices/

3. In the considered view of this Court, the police will have no role to play in this case. The petitioner has to approach the very same Court before which M.C.No.4 of 2017, is pending and bring to the notice of the Court, the violation of the condition committed by the second respondent and the concerned Court can deal with the issue and ensure that the second respondent complies with the conditions agreed by him before the Mediation Centre.

4. This Criminal Original Petition is disposed of by giving liberty to the petitioner to approach the Court below and redress her grievance.

Sd/- Assistant Registrar (Insp.Cell) //True Copy// Sub Assistant Registrar ub To 1.The Inspector of Police, W17, Peravallur All Women Police Station, Chennai.

2.The Public Prosecutor, High Court, Madras.

+1 cc to M/s.T.Sai Krishnan, Advocate, S.R.No.63294 Crl.O.P.No.19607 of 2019 CP(CO) SSM(20/08/2019) https://hcservices.ecourts.gov.in/hcservices/