Madras High CourtCRL OP(MD)/1963/2018disposed of

Nirmala @ Sumaiya v. The Superintendent Of Police

2018-02-09Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.02.2018

CORAM:

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM CRL.O.P.(MD)No.1963 of 2018 Nirmala @ Sumaiya ... Petitioner -vs1. The Superintendent of Police, Kanyakumari District.

2. The Inspector of Police, Thiruvattar Police Station, Nagercoil, Kanyakumari District. ... Respondents Prayer: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the second respondent Police to register the case in pursuant to the complaint dated 09.01.2018, given by the petitioner.

For Petitioner : Mr.R.Maheswaran For Respondents : Mr.Prabu Ramachandran Government Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed by the petitioner, to direct the second respondent to register a case, based on the complaint given by the petitioner, dated 09.01.2018. 2.The learned counsel appearing for the petitioner has submitted that since the petitioner's husband has ill-treated the petitioner, she gave a complaint before the second respondent on 24.09.2017 and the second respondent has issued C.S.R.No.520 of 2017 and thereafter, he did not take any further action and hence the petitioner has sent another complaint on 09.01.2018, on that complaint also no action has been taken.

3.The learned Government Advocate (Crl.Side) has submitted that with regard to earlier complaint on 24.09.2017, the petitioner gave a written statement stating that she has settled the issue with her husband and also requested not to take any https://hcservices.ecourts.gov.in/hcservices/

action on her complaint and accordingly, the said complaint was closed. He further submitted that the second complaint has been sent by Registered Post and the same has been received by the second respondent on 23.01.2018, and the same is still pending for enquiry.

4.Recording the aforesaid submissions, the second respondent is directed to expedite the enquiry on the second complaint and if the enquiry reveals any cognizable offence, then he has to register a case and proceed further in accordance with law. 5.With the aforesaid observations, this Criminal Original Petition is disposed of.

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

2.The Inspector of Police, Thiruvattar Police Station, Nagercoil, Kanyakumari District.

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

Sss AE/JC/SAR3/09.03.2018/4C/2P CRL.O.P.(MD)No.1963 of 2018 09.02.2018 https://hcservices.ecourts.gov.in/hcservices/