S.Dhanalakshmi v. Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.10.2022

CORAM

THE HONOURABLE MS.JUSTICE R.N.MANJULA S.Dhanalakshmi ...

Petitioner /vs/ State represented by 1.The Superintendent of Police, Coimbatore District (Rural).

2.The Inspector of Police, Periyanayakkan Palayam Police Station, Coimbatore.

... Respondents Prayer : Criminal Original Petition has been filed under Section 482 of Cr.P.C. to direct the second respondent to register an FIR on the petitioner complaint dated 28.09.2020 in view of the order passed by the Judicial Magistrate Additional Mahila Court, Coimbatore in CMP No.4103/2022 by an order dated 14.03.2022.

For Petitioner ... Mr.K.Balasubramaniam For Respondents ... Mr.A.Damodaran Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the second respondent to register an FIR on the petitioner's complaint dated 28.09.2020, in pursuant to the order passed by the learned Judicial Magistrate, Additional Mahila Court, Coimbatore in CMP No.4103 of 2022 by an order dated 14.03.2022.

2. Heard the learned counsel for the petitioner and the learned Additional Government Pleader appearing for the respondents.

3. The learned counsel for the petitioner submitted that the second respondent police had failed to register an FIR in compliance of the order passed by the learned Judicial Magistrate, Additional Mahila Court, Coimbatore made in CMP.No.4103 of 2022 on 14.03.2022.

4. The learned Additional Public Prosecutor submitted that the preliminary enquiry has been conducted by the first respondent police and further action has been dropped.

5. When there is a direction given by the learned Judicial Magistrate to register the FIR and conduct enquiry, the respondents ought to have followed the direction in letter and spirit. Since no FIR has been registered and direction of the learned Judicial Magistrate has been violated, I feel a direction should be given to the respondent police to register the FIR and then conduct enquiry and file a report within a period of one month.

6. In the result, this Criminal Original Petition is disposed with a direction to the respondent police to register the FIR in pursuance of the order of the learned Judicial Magistrate, Additional Mahila Court and then conduct enquiry and file a report within a period of one month from the date of receipt of a copy of this order.

20.10.2022 Index: Yes/No Internet: Yes/No gsk/shk

R.N.MANJULA ,J.

gsk/shk To 1.The Superintendent of Police, Coimbatore District (Rural).

2.The Inspector of Police, Periyanayakkan Palayam Police Station, Coimbatore.

3.The Public Prosecutor, High Court, Madras.

20.10.2022