Madras High CourtCRL OP(MD)/14264/2015ordered

Saraswathi 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.14264 of 2015 Saraswathi : Petitioner -Vs1. The Superintendent of Police, Ramanathapuram District, Ramanathapuram.

2. The Sub-Inspector of Police, Abiramam Police Station, Abiramam, Ramanathapuram District. : Respondents PRAYER: Petition is filed under Section 482 of the Code of Criminal Procedure praying to direct the second respondent to register the F.I.R against the accused persons based on the petitioner's complaint, dated 20.07.2015 within the time limit that may be stipulated by this Court. For Petitioner : Mr.M.S.Jeyakarthik For Respondents : Mr.K.V.Rajarajan 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 the F.I.R against the accused persons based on the petitioner's complaint, dated 20.07.2015 within a stipulated time.

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 on 14.07.2015, when the petitioner was doing her agriculture work, one Pandiyammal and Murugan restrained the petitioner from doing her work and abused with filthy language. Therefore, the petitioner gave a complaint to the second respondent to register a case. Since no action has been taken so far, 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 20.07.2015, petition enquiry is pending before the second respondent police. https://hcservices.ecourts.gov.in/hcservices/

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 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 /True Copy/ Sub Assistant Registrar To

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

2. The Sub-Inspector of Police, Abiramam Police Station, Abiramam, Ramanathapuram District.

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

+1 cc to Mr.M.S.Jeyakarthik, Advocate SR.No.42193 Crl.O.P(MD).No.14264 of 2015 27.07.2015 pm ns/12.08.2015 : 2p/5c https://hcservices.ecourts.gov.in/hcservices/