Madras High CourtCRL OP/24/2016disposed of

K.Veeraiya v. The State Rep By Its

2016-01-12Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :12.01.2016

CORAM:

THE HON'BLE MR.JUSTICE R.SUBBIAH Crl.O.P.No.24 of 2016 K.Veeraiya ..Petitioner Vs., State represented by Inspector of Police, Somangalam Police Station, Sriperambudur Taluk, Kancheepuram District.

..Respondent Prayer: Petition filed under Section 482 of the Criminal Procedure Code praying to direct the respondent to register the complaint given by the petitioner on 21.09.2013 and investigate the case in accordance with law as against Ayyavu and Shyamala.

For Petitioner : Mr.D.Rajagopal For Respondent : Mr.C.Emalias, APP

ORDER

This Criminal Original Petition has been filed seeking a direction to the respondent to register a case based on the complaint given by the petitioner dated 21.09.2013 and investigate the same in accordance with law.

2.The case of the petitioner is that the petitioner married one Shyamala as second wife. Presently, she is living separately since September 2013 due to some misunderstanding between them. The said Shyamala along with one Ayyavu entered into the petitioner's house and attempted to attack the petitioner and his son. Hence, the petitioner lodged a complaint before Somangalam Police Station. Instead of registering the case, the Sub Inspector of Police, Somangalam left the said Shyamala in the petitioner's house. Again, the said Shyamala abused the petitioner and his son, attacked them and also threatened them with dire consequences. Hence, the petitioner lodged a complaint before the respondent-police. Since till date no action was taken, the petitioner has filed the present criminal original petition.

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3.The learned Additional Public Prosecutor submitted that the counter petitioner has lodged a complaint before the respondent police and the same has been registered against the petitioner and his son and thereafter, they have been released on bail. Further, he submitted that this compliant is the counter blast as against the said Shyamala by the petitioner herein.

4.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.

5.In view of the submissions made by the petitioner as well as the Additional Public Prosecutor, this Court directs the respondent to conduct enquiry on the complaint given by the petitioner dated 21.09.2013 and upon enquiry, if materials are gathered indicating commission of any cognizable offence, the respondent is directed to proceed further in accordance with law, as early as possible.

6.Accordingly, the criminal original petition is disposed of.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar ari To, 1.The Inspector of Police, Somangalam Police Station, Sriperambudur Taluk, Kancheepuram District.

2.The Public Prosecutor, High Court, Madras.

+ 1 cc to M/s. D. Rajagopal, Advocate SR.2375 Crl.O.P.No.24 of 2016 AK(CO) Eu 1.02.16 https://hcservices.ecourts.gov.in/hcservices/