S.Banupriya v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.04.2016

CORAM:

THE HONOURABLE MS.JUSTICE R.MALA Crl.O.P.No.7963 of 2016 S.Banupriya ... Petitioner Vs.

1.The Superintendent of Police, Thiruvallur District, Thiruvallur.

2.The Inspector of Police District Crime Branch, Thiruvallur.

... Respondents Prayer :

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to issue direction to the second respondent to register a case against the petitioner's husband and other culprits based on the petitioner's complaint dated 01.09.2015 and investigate the same accordance with law. For Petitioner : Mr.M.Rajendiran For Respondents: Mr.C.Emalias Additional Public Prosecutor

ORDER

The petitioner has come forward with this petition seeking a direction to the second respondent to register a case against the petitioner's husband and other culprits based on the petitioner's complaint dated 01.09.2015 and investigate the same in accordance with law.

2.The learned counsel for the petitioner submitted that the petitioner has lodged a complaint before the respondent police on 01.09.2015. Though the complaint has been lodged as early as on 01.09.2015, the respondent has not shown any interest to enquire the matter and register the case. Hence, the petitioner has come forward with this petition for the above stated relief. https://hcservices.ecourts.gov.in/hcservices/

3.At this juncture, the learned Additional Public Prosecutor, on instructions, would submit that on the basis of the complaint given by the petitioner, petition enquiry is pending with the second respondent.

4.Considering the rival submissions made on both sides, on the basis of the complaint given by the petitioner as petition enquiry is pending with the second respondent, the second respondent police is directed to expedite the enquiry 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.

5.With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar To 1.The Superintendent of Police, Thiruvallur District, Thiruvallur.

2.The Inspector of Police District Crime Branch, Thiruvallur.

3.The Public Prosecutor High Court, Madras.

+1cc to Mr.M.Rajendiran, Advocate Sr.25020 Crl.O.P.No.7963 of 2016 kk(CO) srg(04/05/2016) https://hcservices.ecourts.gov.in/hcservices/