Madras High CourtCRL OP(MD)/2740/2018disposed of

Swathi Priya v. The Superintendent Of Police

2018-03-13Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.03.2018

CORAM:

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM CRL.O.P.(MD)No.2740 of 2018 Swathi Priya ... Petitioner -vsState through 1.The Superintendent of Police, Sivagangai, Sivagangai District.

2.The Inspector of Police, All Women Police Station, Parambakudi, Devakottai Taluk, Sivagangai District.

... Respondents (Amended as per order of this Court made in Crl.MP(MD)No.1956/2018 in Crl.OP(MD)No.2740/2018 dated 13.03.2018) Prayer: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the second respondent to register a case on the petitioner's complaint dated 25.01.2018 in accordance with law.

For Petitioner : Mr.M.Subash Babu For Respondents : Mr.A.P.G.Ohm Chairma Prabhu Government Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed to direct the second respondent to register a case based on the complaint given by the petitioner dated 25.01.2018.

2.Heard Mr.M.Subash Babu, learned counsel appearing for the petitioner and Mr.A.P.G.Ohm Chairma Prabhu learned Government Advocate (Crl.Side) appearing for the respondents. 3.The learned counsel appearing for the petitioner has submitted that the petitioner's husband has assaulted the petitioner and also criminally intimidated her. Hence, the petitioner has lodged a complaint on 25.01.2018, but sofar, no action has been taken.

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4.The learned Government Advocate (Crl.Side) has submitted that enquiry is still pending.

5.Considering the aforesaid submissions, the second respondent is directed to expedite the enquiry and if the enquiry reveals any cognizable offence, then he has to register a case and proceed further in accordance with law. In case the enquiry reveals only non-cognizable offence, then he has to direct the petitioner to file a private complaint before the concerned Judicial Magistrate. 6.With the aforesaid observations, this Criminal Original Petition is disposed of.

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

2.The Inspector of Police, All Women Police Station, Parambakudi, Devakottai Taluk, Sivagangai District.

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

+1cc to M/S.M.Subash Babu, Advocate SR.No. 55185 CRL.O.P.(MD)No.2740 of 2018 13.03.2018 das JM/SV MMS/SAR 4/04.04.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/