M.Divya v. The Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.11.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Crl.O.P.No.21989 of 2021 M.Divya ..Petitioner

Versus

1. The Superintendent of Police, Ranipet District, Ranipet.

2. The Inspector of Police, All Women's Police Station, Ranipet.

(Crime No.16/2021) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to conduct further investigation and included all the offences committed by the accused as stated in crime no.16/2021 on the file of the 1st respondent. For Petitioner :

Mr.K.Thenrajan For Respondents: Mr.R.Vinothraja Government Advocate(crl.side) ***

O R D E R

This petition has been filed by the petitioner to conduct further investigation and include all the offences committed by the accused as stated in crime no.16/2021 on the file of the 1st respondent.

2. The petitioner/de-facto complainant lodged a complaint against her husband and his family members on 23.08.2021, for which a case in Cr.No.16 of 2021 for the offences punishable under Sections 498 (A), 323, 506 (i) and Section 4 (1) of Woman Harassment Act was registered.

3. The contention of the learned counsel appearing for the https://hcservices.ecourts.gov.in/hcservices/

petitioner is that on 17.07.2021, the petitioner gave representation to the respondent in which she has stated the medical certificates shown by her husband, during enquiry was fabricated and forged one and and therefore the investigating officer may be directed to conduct investigation in these aspects and alter F.I.R. by including the necessary sections.

4. The learned Government Advocate (Crl.side) submitted that if the petitioner appears before the respondent police along with fresh copy of the complaint dated 17.07.2021 along with supporting documents, the same will be considered and if prima facie case is made in favour of the petitioner, the appropriate sections shall be included in the Final Report .

5. In view of the same, the petitioner is directed to appear before the respondent police along with supporting documents on 10.12.2021 and thereafter the respondent police shall be consider the same and act in accordance with law.

6. With the above directions, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar arr To

1. The Superintendent of Police, Ranipet District, Ranipet.

2. The Inspector of Police, All Women's Police Station, Ranipet.

3.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.21989 of 2021 SPD(CO) CB(07/12/2021) https://hcservices.ecourts.gov.in/hcservices/