R.Punitha v. Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.11.2021 CORAM :

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.NO.21663 OF 2021 Tmt.R.Punitha

...Petitioner

Versus

1.The Superintendent of Police, Tirupattur District.

2.The Inspector of Police, Kandili Police Station, Tirupattur District.

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure that this Hon'ble Court may be pleased to issue suitable direction or order in the nature of direction directing the second respondent to register a case based on the complaint lodged by the petitioner dated 30.10.2021 and investigate the same and file a fresh FIR according to law. For Petitioner :

Mr.M.Mohammed Saifullah for Mr.V.Parthiban For Respondent :

Mr. E.Raj Thilak, Additional Public Prosecutor

O R D E R

The petition has been filed to direct the second respondent to register a case based on the complaint lodged by the petitioner dated 30.10.2021 and investigate the same and file a fresh FIR according to law.

2.The petitioner viz., Tmt.R.Punitha is the wife of one Rajendran had lodged a complaint on 30.10.2021 stating that her husband was kidnapped by some persons, who are involved in charging exorbitant interest. Earlier her son, Ashok was assaulted. Now her husband is missing. The 1 acre property belongs to the petitioner was also forcibly taken away and forged documents have been executed. Now they are fearing for their life. The petitioner is unable to open their shop viz., Krishna Electricals at Pudupet for the past four years, because of a group of persons who have indulged in such activities. https://hcservices.ecourts.gov.in/hcservices/

3.The learned Additional Public Prosecutor submits that in a complaint dated 30.10.2021, though only the allegations have been made, but various particulars and features of the alleged persons, who had kidnapped the petitioner's husband has not been provided.

4.The learned counsel for the petitioner submits that the petitioner would appear before the respondent police along with the particulars of the persons who had kidnapped her husband and also requested this Court to grant liberty to file a fresh complaint.

5.Considering the submissions and on perusal of the materials, this Courts granted liberty to the petitioner to file a fresh complaint, within a period of one week from the date of receipt of a copy of this order. The petitioner is also directed to lodge a fresh complaint along with the copy of this order. Thereafter, the respondent police is directed to take up the complaint lodged by the petitioner and conduct enquiry and dispose the same in the manner known to law.

6.With the above observation, this Criminal Original Petition stands disposed of.

Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar ah/skr To 1.The Superintendent of Police, Tirupattur District.

2.The Inspector of Police, Kandili Police Station, Tirupattur District.

3.The Public Prosecutor High Court, Madras.

+1cc to Mr.V.Parthiban, Advocate, S.R.No.60783 Crl.O.P.No.21663 of 2021 SSD(CO) RVM(03/12/2021) https://hcservices.ecourts.gov.in/hcservices/