Madras High CourtCRL OP(MD)/14257/2015ordered

K.Annalakshmi v. The Superintendent Of Police

2015-07-27Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.07.2015

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.No.14257 of 2015 K.Annalakshmi : Petitioner -Vs1.The Superintendent of Police, Virudhunagar District, Virudhunagar.

2.The Sub-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 second respondent to register a case against the proposed accused as set out in the complaint of the petitioner, dated 15.07.2015.

For Petitioner : Mr.S.Balamurugan For Respondents : 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 second respondent to register a case against the proposed accused as set out in the complaint of the petitioner, dated 15.07.2015. 2.Heard the 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 petitioner was married to one Kannan during the year 2004 and at the time of marriage, the petitioner was parted with 25 sovereigns of gold jewels along with household articles worth about 1 1⁄2 lakhs and cash of Rs.35,000/-. Due to the wedlock, they are having two children. But, thereafter, the husband of the petitioner harassed her demanding dowry and hence, the petitioner left her matrimonial home along with her children and file M.C.No.2 of 2015. On 15.07.2015, husband of the petitioner threatened her to withdraw the maintenance case. Therefore, the petitioner gave a complaint to the second respondent to register a case. Since no action has been taken, 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 15.07.2015, 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 https://hcservices.ecourts.gov.in/hcservices/

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 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/- The Assistant Registrar(CO) /True copy/ Sub-Assistant Registrar To 1.The Superintendent of Police, Virudhunagar District, Virudhunagar.

2.The Sub-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.Balamurugan, Advocate SR.No.42149 pm sm:05.08.2015:2P/5C Crl.O.P(MD).No.14257 of 2015 27.07.2015 https://hcservices.ecourts.gov.in/hcservices/