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Madras High CourtCRL OP/25779/2025disposed of

K.Malathi v. J.Lalitha,

2025-09-22Honourable Mr Justice N. Sathish Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.09.2025

CORAM

THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR Crl.O.P.No. 25779 of 2025 K.Malathi ... Petitioner Vs.

J.Lalitha Inspector of Police, W-14, All Women Police Station, Thiruvottiyur, Chennai - 600 019.

... Respondent Prayer: Criminal Original Petition is filed under Section 528 BNSS, 2023, to direct the Judicial Magistrate Court, Thiruvottiyur, to number and proceed further with Criminal Miscellaneous Petition under Sections 2(b) and 2(c)(ii) and 2(c)(iii) and 15(2) of the Contempt of Courts Act, 1971, SR.No.2126 of 2024 filed by the petitioner herein on 30.04.2024, within the time stipulated by this Court.

For Petitioner : Mr.G.Krishnamurthy For Respondents : Mr.R.Vinoth Raja Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed to direct the Judicial Magistrate, Thiruvottiyur, to number the Criminal Miscellaneous Page Nos.1/5

Petition filed under Sections 2(b) and 2(c)(ii) and 2(c)(iii) and 15(2) of the Contempt of Courts Act, 1971 (S.R.No.2126 of 2024) by the petitioner herein on 30.04.2024, within a stipulated time that may be fixed by this Court.

2. According to the petitioner, the learned Judicial Magistrate, Thiruvottiyur, vide order dated 07.02.2024, allowed the petition in Crl.M.P.No.2750 of 2023 and directed the Inspector of Police, W-14, All Women Police Station, Thiruvottiyur, Chennai - 600 019 to register the complaint dated 05.12.2022 and file a final report, after conducting due investigation in accordance with law. Though the said order has been passed as early as on 07.02.2024, no action had been taken and the very case is pending. It seems that the petitioner has to file other application, which is also pending in S.R.No.2126 of 2024. Hence, the present petition.

3. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondent and perused the materials available on record.

Page Nos.2/5

4. Considering the above factual aspects of the matter, the trial Court is directed to dispose of the application pending in S.R.No.2126 of 2024 on merits and in accordance with law and take action as per the earlier order dated 07.02.2024 in Crl.M.P.No.2750 of 2023. If the contention of the petitioner that the records are missing is true and the same are not available in the Court, the trial Court shall re-construct the orders with certified copies, which are already available with the petitioner and forward the same to the concerned Police station for appropriate action and such action shall be initiated within a period of one month from the date of receipt of a copy of this order.

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

22.09.2025 Index : Yes/No Speaking Order : Yes/No ms Page Nos.3/5

To 1.

The Judicial Magistrate, Thiruvottiyur.

2.

The Inspector of Police, W-14, All Women Police Station, Thiruvottiyur, Chennai - 600 019.

3.

The Public Prosecutor, High Court, Madras.

Page Nos.4/5

N. SATHISH KUMAR, J.

ms 22.09.2025 Page Nos.5/5