Madras High CourtCRL OP/6166/2016disposed of

R.Sandhiya v. The State Rep By

2016-03-22Honourable Ms. Justice R.Mala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.03.2016

CORAM:

THE HONOURABLE MS.JUSTICE R.MALA Crl.O.P.No.6166 of 2016 R.Sandhiya ...

Petitioner Vs.

State rep by 1.The Commissioner of Police, O/o.The Commissioner of Police, Vepery, Chennai-600 007.

2.The Inspector of Police, W-1, All Women Police Station, Thousand Lights, Chennai.

...

Respondents Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., praying to direct the 2nd respondent to register a case based on the complaint dated 23.02.2016 given by the petitioner. For Petitioner :Mr.S.Arumugam For Respondents :Mr.C.Emalias Additional Public Prosecutor

O R D E R

The petitioner has come forward with this petition seeking for a direction, directing the 2nd respondent to register a case based on the complaint dated 23.02.2016 given by the petitioner. 2.The learned counsel for the petitioner submitted that the petitioner has lodged a complaint dated 23.02.2016 before the 1st respondent and the same was forwarded to the 2nd respondent and after receipt of the same, CSR No.771 of 2016 has been given. But, the 2nd respondent have not shown any interest to enquiry the matter and register the case. Hence, the petitioner has come forward with this petition for the above stated relief. 3.The learned Additional Public Prosecutor appearing for the respondents submitted that it is the dispute between the husband and wife. Since the wife has given the complaint against her husband for dowry demand, it has been forwarded to the Social Welfare Officer. The report of the Social Welfare Officer is yet to be received.

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4.Considering the rival submissions made on both sides that the complaint has been forwarded to the Social Welfare Officer and the report is yet to be received, after receipt of the report from the Social Welfare Officer, the 2nd respondent is directed to enquire the matter and follow the dictum laid down in Lalitha Kumari vs. Govt. of U.P & others [2013 (4) Crimes 243 (SC) and register a case, if any cognizable offence is made out. The Criminal Original Petition is disposed of with the above direction.

Sd/- Asst.Registrar (CO) /true copy/ Sub Asst. Registrar mps To 1.The Commissioner of Police, O/o.The Commissioner of Police, Vepery, Chennai-600 007.

2.The Inspector of Police, W-1, All Women Police Station, Thousand Lights, Chennai.

3.The Additional Public Prosecutor, Madras High Court, Madras.

1 cc to M/s. S. Arumugam, Advocate, Sr. 18255 Crl.O.P.No.6166 of 2016 AK (CO) kk 7/4 https://hcservices.ecourts.gov.in/hcservices/