S.Sangeetha v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.03.2016

CORAM

THE HONOURABLE MS.JUSTICE R. MALA CRL.O.P.No.6957 of 2016 S.Sangeetha .. Petitioner/De facto complainant .. Vs ..

State rep.by, The Inspector of Police, K-2 Aynavaram Police Station, (Law and Order), Chennai - 23.

(C.S.R.No.108/2016) .. Respondent/Complainant Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the respondent to register the petitioner's complaint dated 16.03.2016 in 108/csr/k2ps/16, dated 16.03.2016 pending on the file of the respondent police.

For Petitioner :

Mr.T.V.G.Kartheeban For Respondent :

Mr.C.Emalias, Additional Public Prosecutor - - - - -

ORDER

The petitioner has come forward with the present petition seeking for a direction directing the respondent police to register the petitioner's complaint dated 16.03.2016 in 108/csr/k2ps/16, dated 16.03.2016 pending on the file of the respondent police.

2. The learned counsel for the petitioner submitted that the petitioner has given a complaint to the respondent police as early as on 16.03.2016, but, however, the respondent police had not taken any steps to register a case and hence, the petitioner has come forward with this petition for the above stated relief.

3. At this juncture, the learned Additional Public Prosecutor submitted that on the basis of the complaint given by one Parvathy, who is counter part, a case has been registered in Crime No.472 of 2016 for the offences punishable under Sections https://hcservices.ecourts.gov.in/hcservices/

143, 427, 448, 341, 294(b), 326 and 506(ii) of IPC and the petitioner's name is shown as fifth accused. In order to escape from the clutches of law, the petitioner has come forward with this petition and hence, he prays for dismissal of the petition.

4. This Court has considered the rival submissions made on both sides and perused the records.

5. On a perusal of the typed set of papers, it is seen that one Parvathy, who is counter part in this petition, has given a complaint and on the basis of the said complaint, a case in Crime No.472 of 2016 has been registered for the offences punishable under Sections 143, 427, 448, 341, 294(b), 326 and 506(ii) of IPC. Since the petitioner's name is find place in the FIR as A.5, with a view to escape from the clutches of law, the petitioner has given the present complaint. In such circumstances, I am of the view that the petitioner is not entitled to any relief. Hence, this Criminal Original Petition deserves to be dismissed and accordingly, it is dismissed. It is left open to the petitioner to go for the alternative relief. Jrl s/d- Assistant Registrar(J) True Copy Sub-Assistant Registrar To

1. The Inspector of Police, K-2 Aynavaram Police Station, (Law and Order), Chennai - 23.

2. The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr.T.V.G.Kartheeban, Advocate SR 20856 kji(co) prk15/4 CRL.O.P.No.6957 of 2016 https://hcservices.ecourts.gov.in/hcservices/