K.Srividhya v. The Commissioner Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.11.2024 Coram:
THE HONOURABLE MR. JUSTICE P.VELMURUGAN K.Srividhya ... Petitioner in both Crl.O.Ps.
Vs.
1. The Commissioner of Police Office of the Commissionerate Avadi, Chennai
2. The Deputy Commissioner of Police Avadi, Chennai
3. The Inspector of Police All Women Police Station Avadi, Chennai ... Respondents in Crl.O.P.No.24940/2024
1. The Inspector of Police W29, All Women Police Station Avadi, Chennai
2. Eswaran Badrinarayanan Ardhanareshwaran 1/7
3. Badrinarayanan
4. Savithiri ... Respondents in Crl.O.P. No.24945/2024 Prayer in Crl.O.P. No.24940/2024: Criminal Original Petition filed under Section 528 of B.N.S.S. to direct the 2 & 3 respondent authorities to issue lookout circular against the petitioner's husband namely Eswaran Badrinarayanan Ardhanareshwaran holding Indian Passport No.W3 136506 in connection with Cr.No.17 of 2024 on the file of W29, All Women Police Station, Avadi, Chennai.
Prayer in Crl.O.P. No.24945/2024: Criminal Original Petition filed under Section 528 of B.N.S.S. to direct the 1 st respondent police to complete the investigation and file a final report in Cr.No.17 of 2024 pending on the file of 1st respondent.
In Crl.O.P.No.24940 of 2024 For Petitioner : Ms.C.S.Vedavalli For Respondents : Mr.S.Sugendran Additional Public Prosecutor In Crl.O.P.No.24945 of 2024 For Petitioner : Ms.C.S.Vedavalli For 1 st Respondent : Mr.S.Sugendran Additional Public Prosecutor 2/7
COMMON ORDER The petitioner has filed the petition in Crl.O.P.No.24945 of 2024 to direct the 2 nd and 3 rd respondent authorities to issue lookout circular against her husband namely Eswaran Badrinarayanan Ardhanareshwaran, holding Indian Passport No.W3 136506, in connection with Crime No.17 of 2024 on the file of W29, Inspector of Police, All Women Police Station, Avadi, Chennai and the petition in Crl.O.P.No.24940 of 2024 has been filed to direct the 1 st respondent police to complete the investigation and file a final report in the above crime number.
2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent police and also perused the materials available on record.
3. Since no adverse order is being passed, notice to the private respondents is dispensed with.
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4. The contention of the petitioner is that, she lodged a complaint against her husband and in-laws for dowry harassment and the same was registered in Crime No.17 of 2024 on the file of the All Women Police Station, Avadi, Chennai, for the offences under Sections 498(A) IPC and Section 4 of Dowry Prohibition Act, 1961. Thereafter, there is no progress in the investigation. Her further contention is that her husband who is employed in Canada has shifted his residence in Canada in order to evade police enquiry and he is not traceable. Hence, she has filed these petitions to direct the respondent police to complete the investigation and to file final report and also to issue look out circular against her husband.
5.A perusal of records shows that the even at the time marriage, the husband of the petitioner was working in Canada and the petitioner knowingly well that her husband is working in abroad, has married him and thereafter, she has lodged a complaint against her husband and in-laws for harassment and dowry demand.
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6. Admittedly, the petitioner's husband is outside India. Now the learned Additional Public Prosecutor appearing for the respondent police submits that they are conducting investigation to the extent possible.
7. Considering the above facts and circumstances, the respondent Police is directed to conduct investigation and file charge sheet within a period of six months from the date of receipt of a copy of this order.
8. With the above directions, the Criminal Original Petition in Crl.O.P.No.24945 of 2024 is disposed of.
9. As far as the prayer in Crl.O.P.No.24940 of 2024 regarding issuance of lookout circular is concerned, as stated supra, the petitioner knowingly well that her husband is working in abroad, has married him and thereafter, due to matrimonial dispute, has lodged a complaint against her husband and in-laws. Since matrimonial dispute is involved in this case, this Court is not inclined to entertain this petition.
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10. Accordingly, the Criminal Original Petition in Crl.O.P.No.24940 of 2024 is dismissed.
04.11.2024 Index : Yes / No Speaking Order : Yes / No ksa-2 To
1. The Commissioner of Police Office of the Commissionerate Avadi, Chennai
2. The Deputy Commissioner of Police Avadi, Chennai
3. The Inspector of Police W29, All Women Police Station Avadi, Chennai
4. The Public Prosecutor, High Court of Madras.
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P.VELMURUGAN. J.
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