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Madras High CourtCRL OP(MD)/2049/2024disposed of

Rajalakshmi v. The Superintendent Of Police

2024-02-09Honourable Mr Justice Sathi Kumar Sukumara Kurup5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.02.2024

CORAM:

THE HONOURABLE Mr. JUSTICE SATHI KUMAR SUKUMARA KURUP Rajalakshmi ... Petitioner Vs.

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

2.The Inspector of Police, Pudukkottai Police Station, Thoothukudi District.

... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the second Respondent to issue look out notice against the accused persons in Crime No.17 of 2024 dated 25.01.2024 on the file of the second Respondent and to complete the investigation within a stipulated period as framed by this Court.

For Petitioner : Mr.J.David Ganesan For Respondents : Mr.B.ThangaAravindh Government Advocate (Criminal Side) 1/5

ORDER

This Criminal Original Petition had been filed to direct the second Respondent to issue look out notice against the accused persons in Crime No.17 of 2024 dated 25.01.2024 on the file of the second Respondent and to complete the investigation.

2. The learned Counsel for the Petitioner submitted that the Petitioner was employed by the accused namely, Ponraj as a Home Maker. She was asked to attend garden work and to operate electric motor and other jobs in his house. By taking advantage of the poor economic condition of the Petitioner, the accused gave sexual torture to the Petitioner. The Petitioner stopped from work at his residence and she joined house hold works in some other house. On 23.01.2024, while she was returning home after attending condolence in her relatives death, she was harassed and locked by the accused inside her house. When the Petitioner made complaint to the emergency contact number 100 Police, they came to the house and interacted with the said Ponraj. After coming back to the Petitioner, they asked the Petitioner to pay the amount to the Ponraj, which she borrowed money from him. In this regard, the Petitioner preferred a complaint, based on which FIR was registered in Crime No.17 of 2/5

2024 dated 25.01.2024 for the offences punishable under Sections 294(b), 354(A) of IPC and not any of the provisions of Prohibition of Woman Harassment Act was included. The accused in this case is freely moving out and extending threat to the Petitioner. Therefore, the Petitioner filed this petition seeking direction to complete the investigation.

3. The learned Government Advocate (Criminal Side) on instructions of the Respondents would submit that it is the case and counter case. A complaint preferred by the Petitioner was registered in Crime No.17 of 2024. Also the accused preferred a complaint against the Petitioner, based on which FIR was registered in Crime No.18 of 2024. The Petitioner herein is alleged to have brought some rowdy elements for which the landlord protested. Therefore, there were wordy altercation between them. Both the parties given complaint against each other. The Respondent Police registered the case and counter. Suppressing the facts registered against the Petitioner, the Petitioner has moved this Court. After the alleged occurrence took place, the Petitioner had vacated the premises, previously occupied by her.

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4. The Respondent Police is directed to complete the investigation in both the cases and report compliance within a period of one month from the date of receipt of a copy of this order.

5. In view of the above, this Criminal Original Petition is disposed of. 09.02.2024 NCC:yes/no Index:yes/no Internet:yes/no Nsr To 1.The Superintendent of Police, Thoothukudi District, Thoothukudi.

2.The Inspector of Police, Pudukkottai Police Station, Thoothukudi District.

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

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SATHI KUMAR SUKUMARA KURUP , J.

Nsr 09.02.2024 5/5