Yogalakshmi v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:12.09.2019

CORAM

THE HON`BLE MR.JUSTICE A.D. JAGADISH CHANDIRA Crl.RC.No.812 of 2019 Yogalakshmi ... Petitioner

Versus

1.State Rep. By Sub-Inspector of Police, Brammadesam Police Station, Brammadesam.

2.The Superintendent of Police, Thiruvannamalai.

... Respondents Criminal Original Petition filed under Section 397 and 401 of Cr.P.C to call for the records relating to the order dated 19.07.2019 made in Un-numbered Crl.MP.No...../ of 2019 in "55 Register" No.3682, dated 01.07.2019 on the file of the learned Judicial Magistrate, Vandavasi, Thiruvannamalai District and set aside the same by allowing this Criminal Revision Petition and consequently direct the respondents to register a case on the petitioner's complaint dated 21.06.2019 pending on the file of the 2nd respondent vide C.S.R.No.163 of 2019, investigate and file final report.

For Petitioner : Mr.D.R.Arun Kumar For Respondent : Mr.M.Mohamed Riyaz, Additional Public Prosecutor.

O R D E R

This Criminal Revision petition has been filed against the order passed by the learned Judicial Magistrate, Vandavasi, Thiruvannamalai District in Un-numbered Crl.MP.No...../ of 2019 in "55 Register" No.3682, dated 01.07.2019, dismissing the petition filed by the petitioner and direct to register the complaint dated 21.06.2019 pending on the file of the 2nd respondent vide C.S.R.No.163 of 2019, investigate and file final report.

2.The learned Judicial Magistrate finding that the enquiry is pending on the file of the first respondent in respect of C.S.R.No.163 fo 2019 had dismissed the petition filed by the petitioner, seeking remedy under Section 156(3) of Cr.P.C to register the First Information Report to investigate the case. https://hcservices.ecourts.gov.in/hcservices/

3.The learned Additional Public Prosecutor submitted that the petitioner has given the complaint dated 21.06.2019. It was originally taken up as C.S.R.No.163 of 2019. Pending enquiry in the said C.S.R, the petitioner had approached the learned Judicial Magistrate. The learned Judicial Magistrate finding that the matter is pending before the 1st respondent dismissed the petition under Section 156(3) of Cr.P.C. Further, he would submit that in the mean while, the 1st respondent took cognizance of the offence and registered the case in Crime No.354 of 2019 under Sections 341, 342, 294(b), 352, 506(1) of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 1998.

4.Recording the said submission made by the learned Additional Public Prosecutor, the Criminal Revision petition stands closed as infructuous.

Sd/- Assistant Registrar(insp cell) //True Copy// Sub Assistant Registrar To 1.The Sub-Inspector of Police, Brammadesam Police Station, Brammadesam.

2.The Superintendent of Police, Thiruvannamalai.

3. The Public Prosecutor, High Court, Madras - 104.

Crl.RC.No.812 of 2019 pm A.SK(14/10/2019) https://hcservices.ecourts.gov.in/hcservices/