Santhi v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.07.2015

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.No.14204 of 2015 Santhi : Petitioner -Vs1.The Superintendent of Police, Virudhunagar, Virudhunagar District.

2.The Inspector of Police, All Women Police Station, Aruppukottai, Virudhunagar District.

: Respondents PRAYER: Petition is filed under Section 482 of the Code of Criminal Procedure praying to direct the respondents to conduct enquiry and Register the case in complaint dated 08.07.2015 against the proposed accused persons.

For Petitioner :Mr.S.Senthil Sankara For R-1 & R-2 : Mrs.S.Prabha, Government Advocate(Crl. Side)

O R D E R

This petition has been filed under section 482 Cr.P.C, praying to direct the respondents to conduct enquiry and register a case based on the complaint given by the petitioner, dated 08.07.2015, against the proposed accused persons.

2.Heard learned counsel for the petitioner and the learned Government Advocate(Crl. Side) for the State. 3.The learned counsel for the petitioner submitted that the marriage between the petitioner and one Boominathan was solemnised on 24.10.2011. Due to their wedlock, they have two children. Thereafter, the said Boominathan and his family members harassed the petitioner and hence, the petitioner gave a complaint to the second respondent on 08.07.2015. Since no action has been taken by the second respondent police, the petitioner has come forward with this petition. 4.The learned Government Advocate(Crl. Side) has submitted that based on the complaint given by the petitioner, dated 08.07.2015, petition enquiry is pending before the second respondent police. 5.

In view of the above, the second respondent police is directed to conduct a preliminary enquiry, which shall not extend beyond a period of seven days from the date of receipt of a copy of this order, by following the judgement of the Hon'ble Supreme Court in Lalita Kumari vs. Govt. of U.P. & others [2013 (4) Crimes 243 (SC)]. In conducting the preliminary enquiry, they shall put the concerned parties upon notice. At the end https://hcservices.ecourts.gov.

thereof, if any cognizable offence is made out, they shall duly register a case. In the event of effecting closure of the case upon conducting a petition enquiry, a copy of the closure report shall be forwarded to the complainant.

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

Sd/- Assistant Registrar (AS) /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Virudhunagar, Virudhunagar District.

2.The Inspector of Police, All Women Police Station, Aruppukottai, Virudhunagar District.

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

+1cc to MR.S.SENTHIL SANKARA NATHA KUMAR, Advocate in SR.No. 42110 Pm SR : 05.08.2015 : 2p/5c Crl.O.P(MD).No.14204 of 2015 27.07.2015 https://hcservices.ecourts.gov.in/hcservices/