Sumithra v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.04.2016 CORAM :

THE HONOURABLE MS. JUSTICE R.MALA Crl.O.P.No.8912 of 2016 Sumithra ... Petitioner/Defacto Complainant Vs.

1. The Inspector of Police, All Women Police Station, Polur, Tiruvannamalai District.

2. The Superintendent of Police, Tiruvannamalai District at Tiruvannamalai.

... Respondents/Complainants Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the first respondent herein, viz., The Inspector of Police, All Women Police Station, Polur, Tiruvannamalai District to register a case as against her husband and his men on her complaint dated 13.02.2016 given to the first respondent police.

For Petitioner : Mr.T.Shanmugam 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 to the first respondent to register a case pertaining to the petitioner's complaint dated 13.02.2016. 2.The learned counsel for the petitioner submitted that the petitioner has lodged a complaint before the first respondent on 13.02.2016, for which, C.S.R.No.35/2016 has been assigned. But the first 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 in C.S.R.No.35/2016 is pending.

4.Considering the rival submissions made on both sides, on the basis of the complaint made by the petitioner, as enquiry is pending in C.S.R.No.35/2016, the first respondent 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. The petitioner is directed to appear before the respondent police on 06.05.2016 for enquiry.

5. The Criminal Original Petition is disposed of with the above direction.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar cse To

1. The Inspector of Police, All Women Police Station, Polur, Tiruvannamalai District.

2. The Superintendent of Police, Tiruvannamalai District at Tiruvannamalai.

3. The Public Prosecutor High Court, Chennai.

+1cc to Mr.T.Shanmugam, Advocate, S.R.No.26908 Crl.O.P.No.8912 of 2016 AD(CO) CA(04/05/2016) https://hcservices.ecourts.gov.in/hcservices/