Madras High CourtCRL OP(MD)/10360/2017closed

M. Marjan Beevi v. The Superintendent

2017-08-08Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.08.2017 CORAM :

THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL.O.P(MD)No.10360 of 2017 M.Marjan Beevi : Petitioner/Defacto Complainant Vs.

1. The Superintendent of Police, Office of the Superintendent of Police, Thanjavur District.

2. The Inspector of Police, Thiruchitrambalam Police Station, Thanjavur District.

(In Crime No.270 of 2016) : Respondents/Complainants PRAYER: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the second respondent police to secure the accused in Crime No.270 of 2016 on the file of the second respondent police, dated 24.12.2016 and to take appropriate action in accordance with law.

For Petitioner : Mr.D.S.Haroon Rasheed For Respondents : Mr.K.Anbarasan, Government Advocate(Crl.Side).

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O R D E R

This Criminal Original petition is filed seeking a direction to the second respondent police to secure the accused in Crime No.270 of 2016 on the file of the second respondent police, dated 24.12.2016 and to take appropriate action in accordance with law.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Criminal side) appearing for the respondents.

3. It is stated that the petitioner lodged a complaint before the second respondent police and the same was registered by the second respondent police in Crime No.270 of 2016, dated 24.12.2016, for the alleged offence under Sections 448, 294(b), 323, 354, 379 and 365 of I.P.C. It is further stated that the complaint was in relation to an incident that took place on 24.12.2016 at 12.30 noon. Though the petitioner did not know the name of the accused, subsequently, after collecting the details, https://hcservices.ecourts.gov.in/hcservices/

the petitioner stated that she has given a detailed representation to the respondents, on 31.12.2016, with names of all the accused. Despite such particulars were given to the respondents, there was no further progress and some of the accused persons obtained Anticipatory Bail and remaining persons are absconding. It is on the ground that no further action was taken by the respondents, the present petition is filed.

4. The learned Government Advocate(Criminal Side) on instructions submitted that the complaint received from the petitioner was enquired and it was closed as "Mistake of Fact". He further submitted that a Closure Report will be served on the complainant, namely, the petitioner herein, within a short period of time.

5. Recording the said submission of the learned Government Advocate(Criminal Side), the Criminal Original petition is closed. However, liberty is given to the petitioner to file a Protest petition or to initiate proceedings in accordance with law. Sd/- Assistant Registrar (Writs) /True copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Office of the Superintendent of Police, Thanjavur District.

2. The Inspector of Police, Thiruchitrambalam Police Station, Thanjavur District.

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

+1cc to Mr.D.S.Haroon Rasheed,Advocate,SR.71041 CRL OP(MD)No.10360 of 2017 08.08.2017 pmu KK/MR KKR/SAR4/17.08.2017/ 2P- 5C/ https://hcservices.ecourts.gov.in/hcservices/