Madras High CourtCRL OP/372/2016disposed of

G.Sri Devi v. The Inspector Of Police

2016-01-08Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.01.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.372 of 2016 G.Sri Devi ..Petitioner Vs The Inspector of Police, All Women Police Station, Gudiyatham 632 602.

..Respondent Criminal Original Petition filed under Section 482 Cr.P.C. seeking a direction to the respondent to register a First Information Report based on the petitioner's complaint dated 26.12.2015 and investigate the same in accordance with law.

For Petitioner: Mr.C.Anbu For Respondent: Mr.C.Emalias, Additional Public Prosecutor

O R D E R

The present criminal original petition has been filed seeking a direction to the respondent police to register a First Information Report based on the petitioner's complaint dated 26.12.2015 and investigate the same in accordance with law. 2.It is alleged in the complaint dated 26.10.2015 that the marriage was solemnized on 10.12.2000 between the petitioner and one Gopi. On 24.12.2015 at 11p.m., the petitioner's husband has beaten her severally with wooden log by demanding a sum of Rs.20,000/- as dowry and she was sent out with severe injuries from the matrimonial home. It is further alleged that the petitioner's husband used to take liquor regularly and beat the petitioner cruelly by demanding money from her parents. Hence, on 15.02.

2015, the petitioner lodged a complaint before respondent police and on enquiry, the husband has assured that such things will not happen in future and hence, the said complaint was withdrawn by the petitioner. In spite of that, the petitioner was physically and mentally harassed by her husband by demanding money and other things from her parents. Hence, the petitioner lodged a complaint on 26.12.2015 before the respondent police. On receipt of the same, C.S.R.No.96 of https://hcservices.ecourts.gov.

2015 has been assigned. But, till date no action has been taken. Hence, the petitioner has filed the present criminal original petition.

3.I have heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.

4.The learned Additional Public Prosecutor submitted that on receipt of the complaint of the petitioner, C.S.R.No.96/2015 has been assigned and the matter is pending for enquiry.

5.In view of the submissions made by the petitioner as well as the Additional Public Prosecutor, this Court directs the respondent-police to conduct enquiry on the basis of the complaint given by the petitioner dated 26.12.2015 in C.S.R.No.96/2015 and upon enquiry, if materials are gathered indicating commission of any cognizable offence, the respondent is directed to proceed further in accordance with law, as early as possible. If no prima facie case is made out for registering the FIR, the respondent is directed to pass an appropriate order on the said complaint.

6.This criminal original petition is disposed of accordingly.

Sd/- Assistant Registrar(V) //True Copy// Sub Assistant Registrar To 1.The Inspector of Police, All Women Police Station, Gudiyatham 632 602.

2.The Public Prosecutor, High Court, Madras.

+ 2 ccs to Mr.C. Anbu, Advocate SR.1474 Crl.O.P.No.372 of 2016 SKV(CO) EU 01.02.16 https://hcservices.ecourts.gov.in/hcservices/