V.Varalakshmi v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.06.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP No.9542 of 2016 V.Varalakshmi ..Petitioner Vs The State rep. by The Inspector of Police D-3, Guduvancheri Police Station Kancheepuram District.

(Crime No. 1190 of 2014) .. Respondent Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to direct the respondent police to alter the FIR in Cr.No. 1190 of 2014 by implicating Sec. 4 of Tamil Nadu Prohibition of Harassment of Women Act 1998.

*** For Petitioner :

Mr. S.Murugeswari For Respondent :

Mr.C.Emalias Additional Public Prosecutor

ORDER

This petition has been filed seeking a direction to the respondent police to alter the FIR in Cr.No.1190 of 2014 by implicating Sec. 4 of Tamil Nadu Prohibition of Harassment of Women Act 1998.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the State.

3. It is seen that on the complaint lodged by the petitioner, the respondent police have registered a case in Cr.No. 1190 of 2014 on 16.12.2014 under Sections 294(b) and 506(i) of IPC against Mani @ Subramanian, Damodaran and Narasimman and the investigation is in progress.

4. It is the contention of the petitioner / de-facto complainant that the allegations made in the complaint discloses commission of an offence under Section 4 of Tamil Nadu Prohibition of Harassment of Women Act 1998.

5. This Court perused the complaint given by the petitioner, dated 13.10.2014 and found that the petitioner has not even given the date of alleged incident, which is said to have been taken place. It is the vague allegation against the https://hcservices.ecourts.gov.in/hcservices/

accused, as if, the accused are defaming her character.

6. under such circumstances, no direction as prayed for by the petitioner can be granted. It is open to the respondent to proceed with the investigation, if such offence as per the contention of the petitioner, stands disclosed. It is needless to state that the same may be included in the final report, if filed.

7. With the above direction, this Criminal Original Petition is closed.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar sms To 1.

The Inspector of Police D-3, Guduvancheri Police Station Kancheepuram District.

2.

The Public Prosecutor, High Court, Madras.

+1cc to Mr.S. Murugeswari, Advocate, S.R.No.29893 GR(CO) EU(13/06/2016) Crl.OP No.9542 of 2016 https://hcservices.ecourts.gov.in/hcservices/