Madras High CourtCRL OP/22686/2021disposed of

P.Parvathi v. Inspector Of Police

2021-12-07Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.12.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Crl.O.P.No.22686 of 2021 and Crl.M.P.No.12343 of 2021 P.Parvathi ... Petitioner/Defacto Complainant

Versus

The Inspector Police, Chinnasalem Police Station, Kallakurichi.

(Crime No.697 of 2021) ... Respondent/Complainant PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the respondent to proceed the investigation in Crime No.697 of 2021 together with the Crime No.696 of 2021 and proceed the investigation as per Police Standing Order which is pending before the Inspector of Police, Chinnasalem Police Station, Kallkurichi. For Petitioner : Mr.R.Venkatesh For Respondent : Mr.E.Raj Thilak, Additional Public Prosecutor

O R D E R

This Criminal Original Petition is filed to direct the respondent to proceed the investigation in Crime No.697 of 2021 together with the Crime No.696 of 2021 and proceed the investigation as per Police Standing Order which is pending before the Inspector of Police, Chinnasalem Police Station, Kallkurichi.

2.The grievance of the petitioner is that the petitioner had lodged a complaint before the respondent police and a case in Crime No.697 of 2021 for the offence under Sections 294(b), 323, 506(i) IPC and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act came to be registered. Though the accused viz., Crime No.697 of 2021 had lodged a complaint https://hcservices.ecourts.gov.in/hcservices/

against the petitioner in Crime No.696 of 2021. Both the cases are in the nature of case and counter. The respondent police have not taken any action in this regard, by following the 588 of the Police Standing Order.

3.The learned Additional Public Prosecutor submits that in this case both the cases were investigated only by following the 588 of the Police Standing Order. Though false complaint received, recording the same, the case has been closed as "Mistake of Fact" and RCS Notice No.11 of 2021 was served to the petitioner on 19.09.2021. He further submits that investigation in Crime No.696 of 2021 is almost completed, charge sheet is to be filed shortly.

4.The learned counsel appearing for the petitioner refuses the same and submits that no such RCS notice was served to the petitioner.

5.In view of the same, the respondent police is directed to communicate the copy of the RCS Notice along with the closure report to the petitioner. Thereafter, the petitioner is directed to take appropriate action in the manner known to law. 6.Accordingly, this Criminal Original Petition stands disposed of. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar ah To 1.The Inspector Police, Chinnasalem Police Station, Kallakurichi.

2.The Public Prosecutor, High Court, Madras.

+1cc to Mr.R.Venkatesh, Advocate SR.No.64480 Crl.O.P.No.22686 of 2021 CA(CO) GN(27/12/2021) https://hcservices.ecourts.gov.in/hcservices/