Madras High CourtCRL OP/661/2016dismissed

S.Dhanalakshmi v. Inspector Of Police

2016-01-12Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.01.2016

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH Crl.OP No.661 of 2016 S.Dhanalakshmi W/o.R.Shanmugam, 2/269, Murugakonar Thottam, Vadavalli, Coimbatore - 641 041.

.. Petitioner Vs Inspector of Police, Thudiyalur All Women Police Station, Thudiyalur, Coimbatore.

.. Respondent Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., praying to direct the respondent to register the complaint dated 08.12.2015 lodged by the petitioner, enquire the case in accordance with law.

For Petitioner :Mr.C.D.Sugumar For Respondent :Mr.C.Emalias Additional Public Prosecutor

ORDER

The present criminal original petition has been filed seeking direction to the respondent police to register the case, on the complaint dated 08.12.2015.

2. The petitioner herein married one R.Shanmugam on 14.06.1989. Due to the said wedlock, two female children, namely, Saranya and Deepa, were born to her. After the birth of the second childlren Deepa, petitioner's husband started to harass the petitioner. Hence, the petitioner has filed a maintenance case as against her husband in O.P.No.556 of 2011 before the Family court, Coimbatore and the same is pending. While so, in the year 2002, her husband married one Poongodi and living with her since then. Hence, the petitioner has lodged a complaint on 08.12.2015. But, till date, no action was taken on the said complaint. Hence, the present criminal original https://hcservices.ecourts.gov.in/hcservices/

petition has been filed.

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

4. The learned Additional Public Prosecutor submitted that the petitioner has to file only private complaint since the allegation in the complaint attracts the offence under Section 494 of IPC.

5. Considering the factual aspects, I am of the opinion, since no cognizable offence is made out, this court cannot give any direction and hence, this petition is liable to be dismissed.

6. Accordingly, this criminal original petition is dismissed. However, the petitioner is at liberty to work out her remedy in the manner known to law.

-s/d- Assistant Registrar(CCC) True Copy Sub-Assistant Registrar mrp To:

1.The Inspector of Police (Crimes) Thudiyalur All Women Police Station, Thudiyalur, Coimbatore.

2.The Public Prosecutor, High Court, Madras.

+1 cc to M/S.C.D.Sugumar Advocate sr.2836 Crl.OP No.661 of 2016 rsk(co) aa02/02/2016 https://hcservices.ecourts.gov.in/hcservices/