Madras High CourtCRL OP(MD)/3127/2018disposed of

S. Selvamurugan 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.3127 of 2018 S.Selvamurugan ... Petitioner -vs1. The Superintendent of Police, Thoothukudi District, Thoothukudi.

2. The Inspector of Police, All Women Police Station, Vilathikulam, Thoothukudi District. ... Respondents Prayer: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the first respondent herein to register the complaint of the petitioner dated 22.01.2018 investigate the same in accordance with law and file final report within a reasonable time.

For Petitioner : Mr.M.Prabhu For Respondents : Mr.Prabhu Ramachandran, Government Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed to direct the first respondent to register a case based on the complaint given by the petitioner dated 22.01.2018.

2.The learned counsel for the petitioner has submitted that the petitioner's wife namely Seethalakshmi has got married one Manthiramoorthy, during subsistence of the first marriage with the petitioner. Hence, the petitioner has lodged a complaint on 22.01.2018, but so far, no action has been taken. 3.The learned Government Advocate (Crl.Side) has submitted that after receipt of the compliant enquiry has been conducted and the same was closed on 31.01.2018.

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4.Insofar as, the offence under Section 494 IPC is concerned there is a bar under Section 198 Cr.P.C for taking cognizance based on the police report. Hence, if the petitioner feels that he is aggrieved, then he can file a private complaint directly before the concerned Judicial Magistrate, with regard to the offence under Section 494 IPC.

5.With the aforesaid observation, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To

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

2. The Inspector of Police, All Women Police Station, Vilathikulam, Thoothukudi District.

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

+ 1 cc TO Mr.M.Prabhu , Advocate in SR No. 54999 cp AE/SV MMS/SAR1/18.04.2018/2P/5C CRL.O.P.(MD)No.3127 of 2018 13.03.2018 https://hcservices.ecourts.gov.in/hcservices/