Madras High CourtCRL OP(MD)/13361/2015ordered

Santhammal, v. The Superintendent Of Police

2015-08-03Honourable Ms. Justice R.Mala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.08.2015

CORAM:

THE HONOURABLE MS.JUSTICE R.MALA Criminal Original Petition(MD) No.13361 of 2015 Santhammal ... Petitioner Vs.

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

2.The Deputy Superintendent of Police, Ram Nagar, Devakottai, Sivagangai District.

3.The Inspector of Police, Town Police Station, Devakottai, Sivagangai District.

... Respondents Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to direct the third respondent to register a case/F.I.R on the complaint given by the petitioner, dated 10.07.2015 and investigate into the case.

For Petitioner : Mr.S.Muthukumar For Respondents : Mr.P.Kannithevan Govt. Advocate(Crl.Side)

O R D E R

The petitioner has come forward with this petition seeking for a direction, directing the third respondent police to register a case on the basis of the complaint given by her on 10.07.2015. 2.The learned counsel for the petitioner submitted that the petitioner lodged a compliant before the third respondent police stating that her son-in-law has assaulted her on 10.07.2015. But, based on which no case was registered. However, her son-in-law has given a complaint and based on which a case in Crime No.339 of 2015 was registered. He further submitted that the petitioner has sent complaint through post, but the third respondent has not registered a case so far and hence, the petitioner has come forward with this petition for the above stated relief.

3. At this juncture, the learned Government Advocate(Crl. Side) on instructions would submit that only the son-in-law of the petitioner has given complaint and based on the said complaint, a case was registered. But, the petitioner has sent a complaint only through post and based on the complaint given by the petitioner in C.No:208/HIPS/DVK/15, petition enquiry is going on. https://hcservices.ecourts.gov.in/hcservices/

4. Considering the rival submission made on both sides, the third 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. With the above direction, this Criminal Original Petition is disposed of.

Pm Sd/- Assistant Registrar(AE) /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police,Sivagangai, Sivagangai District. 2.The Deputy Superintendent of Police, Ram Nagar, Devakottai, Sivagangai District.

3.The Inspector of Police, Town Police Station, Devakottai, Sivagangai District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

1CC to Mr.S. Muthu Kumar,Advocate, SR.No.43721. Crl.O.P.(MD)No.13361 of 2015 03.08.2015 2P/6C AM/17.08.2015.

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