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Madras High CourtCRL OP(MD)/2642/2023disposed of

K.Devi Meena v. The Superintendent Of Police

2023-02-10Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE : 10.02.2023

CORAM

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR K.Devi Meena : Petitioner Vs.

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

2.State rep.by The Inspector of Police, All Women Police Station, Rajapalayam, Virudhunagar District.

3.Venkatesh 4.The Inspector of Police, All Women Police Station, Srivilliputhur, Virudhunagar District.

Respondents PRAYER : Criminal Original Petition filed under Section 482 of Cr.P.C, to direct the respondents to transfer the complaint in C.S.R.No.258 of 2021, dated 17.06.2021 on the file of the second respondent police to the fourth respondent Police.

For Petitioner : Mr.Chamundi Bose 1/4

For R1, R2 and R4 : Mr.SS.Madhavan, Government Advocate (Criminal Side)

ORDER

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders, to direct the respondents to transfer the complaint in C.S.R.No.258 of 2021, dated 17.06.2021 from the file of the second respondent police to the fourth respondent Police.

2. When the matter is taken up for hearing today, the learned Government Advocate (Criminal Side) appearing for the State would submit that on the basis of the complaint given by the petitioner, enquiry was conducted and at the enquiry, the petitioner has given a statement that no further action is necessary and on that basis, the complaint was ordered to be closed.

3. It is seen from the records that the Inspector of Police, All Women Police Station, Rajapalayam, has endorsed that the petitioner has expressed her willingness to live with her husband and also for referring the matter to the Social Welfare Department. He would further submit that subsequently, the petitioner has given a complaint and on that basis, 2/4

summons were issued to both the parties on 02.02.2023 and 03.02.2023, the respondent has appeared, but the petitioner has not chosen to appear.

4. The learned counsel for the petitioner would submit that the petitioner has attended the hearings earlier and at that time, the Police authorities were compelling her to enter into compromise with her husband.

5. Recording the submissions made on either sides, the second respondent is directed to follow the dictum laid down in the case of Lalita Kumari Vs. Government of Uttar Pradesh and Others reported in (2014) 2 SCC 1 and pass orders in accordance with law within a period of one week from the date of receipt of copy of this order.

6. With the above direction, this Criminal Original Petition stands disposed of.

10.02.2023 NCC :Yes/No Index :Yes/No Internet : Yes/ No das 3/4

K.MURALI SHANKAR, J.

das To 1.The Superintendent of Police, Virudhunagar District, Virudhunagar.

2.The Inspector of Police, All Women Police Station, Rajapalayam, Virudhunagar District.

3.The Inspector of Police, All Women Police Station, Srivilliputhur, Virudhunagar District.

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

10.02.2023 4/4