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Madras High CourtCRL OP/21224/2021disposed of

A.Valarmathi v. The Superintendent Of Police

2021-12-02Honourable Mr Justice M. Nirmal Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.12.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Crl.O.P.No.21224 of 2021 and Crl.M.P.No.11502 of 2021 A.Valarmathi

...Petitioner

Versus

1. The Superintendent of Police Cuddalore, Cuddalore District 607 001.

2. The Deputy Superintendent of Police Panruti, Cuddalore District 607 106.

3. The Inspector of Police Kadampuliyur Police Station Panruti Taluk Cuddalore District 607 103.

Crime No.507 of 2021.

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the first respondent to withdraw the case in Crime No.507 of 2021, pending on the file of the third respondent and entrust the same to the second respondent for fair investigation and to file the final report within a time frame fixed by this Court.

For Petitioner : Mr.R.Chakkaravarthy For Respondents: Mr.E.Raj Thilak Additional Public Prosecutor

O R D E R

This petition has been filed to direct the first respondent to withdraw the case in Crime No.507 of 2021, pending on the file of the third respondent and entrust the same to the second respondent for fair investigation and to file the final report within a time frame fixed by this Court.

2. In continuation and conjunction to the orders passed by this Court on 17.11.2021 which reads as follows:

"The learned counsel for the appearing for the petitioner submits that on her complaint a case in Crime No.507 of 2021 for offence under Sections 294 (b), 323 and 506(ii) of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002, was registered against her husband, her brother-in-law, Paramour of her husband and her mother-in-law. Despite the registration of the above said case, no action has been taken. On 06.09.2021, she had sent a representation to the Superintendent of Police, Cuddalore. In the above said representation, she had made a specific allegation that her husband is conducting Kattapanchayat in Kaadampuliyur Police Station. Despite the same, the respondent Police have not arrested her husband in the said case and her husband obtained Anticipatory Bail in this case. The petitioner's husband belongs to a ruling political party and office bearer of the said political party. In view of the same, the respondent police have not taken any action against him.

2.The learned Government Advocate (Crl.Side) submits that in this case immediately after the registration of the case, investigation has been conducted and shortly to file a final report with regard to the specific allegation made against the A1 i.e., the husband of the petitioner, about his high handedness, using the police station as a place for conducting Kattapanchayat and the respondent police undertakes to file a status report with regard to the same."

3. Today when the matter came up for hearing, the learned Additional Public Prosecutor submits that the case has been closed as mistake of fact in RCS.No.65 of 2021. A copy of the closure report has been served to the defacto complainant/petitioner.

4. Recording the same, this Criminal Original Petition is disposed of. Consequently, connected Miscellaneous Petition is also closed.

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

To

1. The Superintendent of Police Cuddalore Cuddalore District 607 001.

2. The Deputy Superintendent of Police Panruti Cuddalore District 607 106.

3. The Inspector of Police Kadampuliyur Police Station Panruti Taluk Cuddalore District 607 103.

Crime No.507 of 2021.

4. The Public Prosecutor High Court, Madras.

Crl.O.P.No.21224 of 2021 and Crl.M.P.No.11502 of 2021 RSV(CO) RGA(15/12/2021)