R.Anitha v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.01.2016

CORAM:

THE HON'BLE Mr.JUSTICE R.SUBBIAH Crl.O.P.No.40 of 2016 Tmt.R.Anitha ... Petitioner Vs.

1.The Commissioner of Police, Chennai City, Vepery, Chennai - 600 007.

2.The Inspector of Police, All Women Police Station, F.1 Chindadripet Police Station Chennai - 600 002.

... Respondents Prayer :

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the second respondent to register the complaint of the petitioner dated 21.12.2015 and investigate the same in accordance with law.

For Petitioner : Mr.K.Nagarajan For Respondents: Mr.C.Emalias Additional Public Prosecutor

ORDER

This petition is filed for a direction to the second respondent to register the complaint of the petitioner dated 21.12.2015 and investigate the same in accordance with law.

2.In the petition it is stated that the petitioner got married with one Iniyan Sekar and the marriage was solemnized on 21.04.2010 as per Christian rites and customs and after marriage, the petitioner's husband and mother - in - law was continuously torturing the petitioner and hence, she lodged a complaint. But, till date no action has been taken. Hence, this petition.

3.The learned Additional Public Prosecutor submitted that earlier a complaint was lodged by this petitioner. It was assigned CSR No.183 of 2014 and a detailed enquiry was conducted and thereafter, the same was closed. Now, with the same set of allegations, the present complaint has

been preferred.

4.The learned counsel appearing for the petitioner denies the same and submits that no closure report was served on them and thus sought for a direction to the second respondent police to register the complaint of the petitioner dated 21.12.2015.

5.Heard the learned counsel appearing for the petitioner as well as the learned Additional Public Prosecutor.

6.In view of the submissions made on either side, this Court directs the second respondent police to conduct enquiry on the complaint given by the petitioner dated 21.12.2015 and upon enquiry, if materials are gathered indicating commission of any cognizable offence, is directed to proceed further in accordance with law, as early as possible. If no prima facie case is made out the respondent is at liberty to pass appropriate order on the said complaint.

7.With the above directions, the Criminal Original Petition is disposed of.

Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar pri To 1.The Commissioner of Police, Chennai City, Vepery, Chennai - 600 007.

2.The Inspector of Police, All Women Police Station, F.1 Chindadripet Police Station Chennai - 600 002.

3.The Public Prosecutor High Court, Madras.

+1 CC to Mr.K.Nagarajan, Advocate SR.No.3251/16 CO-KK ths : 02.02.2016 Crl.O.P.No.40 of 2016