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Madras High CourtCRL OP/24137/2016dismissed

Deepa Aged 27 Yrs v. The Inspector Of Police

2016-11-08Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.11.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P. No.24137 of 2016 Deepa Petitioner Vs The Inspector of Police W-13, All Women Police Station Washermanpet Chennai.

Respondent Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to pass a direction against the respondent to alter the FIR in correct section 376, 506(ii), 294(B) IPC and Section 4 of Women's Harassment Act and further direct the respondent to alter the FIR and deal with the accused in accordance with law and file the Final Report as required under Section 170(i) Cr.P.C.

For petitioner :

Mr.D.Nandakumar For respondent :

Mr.C.Emalias Addl.Public Prosecutor

O R D E R

This petition has been filed to pass a direction against the respondent to alter the FIR in correct section 376, 506(ii), 294(B) IPC and Section 4 of Women's Harassment Act and further direct the respondent to alter the FIR and deal with the accused in accordance with law and file the Final Report as required under Section 170(i) Cr.P.C.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the State.

3. On the complaint given by the petitioner, the respondent police registered a case in Cr.No.13 of 2016 on 21.10.2016 u/s 417 and 506(i) IPC against one Sonu. It is the case of the petitioner that, she is a divorcee and that the accused who was having a shop near her house became very close to her and they also had physical relationship. When she went and asked him to marry her, he is said to have refused. Hence, the FIR.

4. Learned Additional Public Prosecutor submitted that the accused is also a married man. In the complaint she has not given any period.

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5. Now the petitioner has come up with a new story that, the accused is having some of her nude photos and that he is threatening to upload them in the internet. Admittedly, the accused was arrested and released on bail. The petitioner is not a minor. She is 27 years old and is an already married person. Under such circumstances, the direction as prayed for by the petitioner cannot be granted.

This petition is devoid of merits and the same is dismissed.

Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar gms To 1.The Inspector of Police W-13, All Women Police Station, Washermanpet,Chennai.

2.The Public Prosecutor, Madras High Court, Chennai.

+1cc to MR.D.Nandakumar Advocate Sr.64028 Crl.OP No.24137 of 2016 KJI(CO) RVR 15/12/2016 https://hcservices.ecourts.gov.in/hcservices/