Madras High CourtCRL OP(MD)/3444/2018disposed of

Nishrin Banu, v. The Superintendent Of Police,

2018-03-22Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.03.2018

CORAM

THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM Crl.O.P.(MD) No.3444 of 2018 Nishrin Banu

...Petitioner

-Vs1. The Superintendent of Police, Theni District, Theni.

2. The Inspector of Police, All Women Police Station, Uthamapalayam, Theni District.

...Respondents

Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the 2nd respondent to register the complaint dated 24.04.2017 preferred by the petitioner for the offences punishable under Sections 294(b), 420, 498(A), 506(ii) of IPC and Sections 23 & 4 of Dowry Prohibition Act and Section 4 of Tamil Nadu Prohibition of Harassment of Woman Act and to take action against the accused persons in accordance with law.

For Petitioner : Mr.R.Gandhi For Respondents : Mr.Prabhu Ramachandran Government Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed to direct the 2nd respondent to register a case based on the complaint given by the petitioner dated 24.04.2017.

2.The learned counsel appearing for the petitioner has submitted that the petitioner's husband namely Rabik Raja has created a false document stating that he is a bachelor and married the petitioner on 26.09.2010. He further submitted that the said Rabik Raja and his family members have caused cruelty to the petitioner by demanding dowry and hence the petitioner has lodged a complaint on 24.04.2017 before the second respondent, but sofar, no action has been taken.

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3.The learned Government Advocate (Crl.side) has submitted that after receipt of the complaint CSR.No.167 of 2017 was issued on 03.05.2017 and enquiry has been conducted and the same was closed on the same date.

4.The learned counsel appearing for the petitioner by way of reply has submitted that the petitioner's husband is residing at Srivilliputhur and hence, on the same date he could not have been enquired and that itself shows that the second respondent has closed the complaint without enquiry.

5.The learned Government Advocate (Crl.side) by way of reply has submitted that on 03.05.2017 after issuing CSR.No.167 of 2017, the petitioner's husband was called for enquiry and he also appeared on 03.05.2017 and only after enquiry, the complaint was closed.

6.Recording the aforesaid submissions, this Criminal Original Petition is disposed of. It is open to the petitioner to avail any other remedy which is available under the law. Sd/- Assistant Registrar(AE) /True Copy/ Sub Assistant Registrar To

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

2. The Inspector of Police, All Women Police Station, Uthamapalayam, Theni District.

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

Das VB/JC/SAR3/04/05/2018/2P/4C Crl.O.P.(MD) No.3444 of 2018 22.03.2018 https://hcservices.ecourts.gov.in/hcservices/