Vanitha v. The District Superintendent Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.12.2021
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.NO.21654 OF 2021 Vanitha ... Petitioner/ Defacto Complainant
Versus
1. The District Superintendent of Police, Office of District Superintendent of Police, Tirupathur District.
2. The Deputy Superintendent of Police, Office of Deputy Superintendent of Police, Tirupathur District.
3. Inspector of Police, Kurisilapattu Police Station, Kurisilapattu, Tirupathur District.
4. Kothandan Sub Inspector of Police, Kurisilapattu Police Station, Kurisilapattu, Tirupathur District.
... Respondents/ Investigating Officer PRAYER:
Criminal Original Petition has been filed under Section 482 of the Code of Criminal Procedure to direct the 3rd respondent to register the FIR against alleged accused based on the complaint lodged by the petitioner dated 22.10.2021 and to file its final report within the time frame to be fixed by this Hon'ble Court. For Petitioner :
Mr.D.Thirumoorthy For Respondent :
Mr.E.Raj Thilak Additional Public Prosecutor
ORDER
This criminal original petition has been filed to direct the 3rd respondent to register the FIR against alleged accused based on the complaint lodged by the petitioner dated 22.10.2021 and to file its final report within the time frame to be fixed by this Hon'ble Court.
2.The petitioner's sister-in-law was assaulted by her neighbours viz., Jaisankar, Muthuraman and Chitra, due to some land dispute and her sister-in-law had taken treatment as an out patient in O.P.Sheet No.111842 in the Government Hospital, Thirupathur. Therefore, the petitioner along with her husband had gone to her sister-in-law's residential place at Kurisilapet Village, for enquiring her health condition. On 16.10.
2021, when the petitioner along with her sister-in-law is in the house, again those persons had come with deadly weapons, entered into the house and assaulted her sister-in-law as well as the petitioner, due to which, the petitioner, who was two months pregnant, had sustained injuries and later started bleeding, for which, she took treatment at Primary Health Centre, Jolarpet and later, she was referred to Government Hospital, Thirupathur, now, submitted that two months pregnancy has aborted. Despite cognizable offence is made out, the respondent police viz., the 4th respondent conducted enquiry and not registered an FIR. In support of her contention, she produced the copy of the complaint, medical records of Primary Health Centre, Jolarpet Government Hospital, A.R copy of the Government Hospital, Thirupathur.
3.The learned Additional Public Prosecutor submits that an enquiry was conducted on 23.11.2021, on which date, the petitioner appeared and gave statement, however, the counter complainants viz., Jaisankar, Muthuraman and Chitra, failed to appear before the respondent police.
4.This Court, on a perusal of the complaint and medical records produced by the petitioner, finds that a cognizable offence is made out. Accordingly, the Inspector of Police, Kurisilapet Police station is directed to register an FIR, proceed with the investigation and dispose of the same and the 4th respondent to be away from this investigation.
With the above direction, the criminal original petition is disposed of.
Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar sms To
1. The District Superintendent of Police, Office of District Superintendent of Police, Tirupathur District.
2. The Deputy Superintendent of Police, Office of Deputy Superintendent of Police, Tirupathur District.
3. Inspector of Police, Kurisilapattu Police Station, Kurisilapattu, Tirupathur District.
4. Kothandan Sub Inspector of Police, Kurisilapattu Police Station, Kurisilapattu, Tirupathur District.
5. The Public Prosecutor, High Court, Madras.
+1cc to Ms.S.P.Arthi, Advocate, S.R.No.63070 CRL.O.P.No.21654 of 2021 AKII(CO) PM/04/01/2022