A.M.Rizwana Parveen v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP W.P.(MD) No.4862 of 2024 A.M.Rizwana Parveen ... Petitioner /vs./ 1.The Deputy Superintendent of Police, Deputy Superintendent Office, Thanjavur.

2.The Inspector of Police, All Women Police Station, Thanjavur.

3.M.Shahul Hameed 4.Rashiya Banu ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the Respondents 1 and 2 to conduct speedy enquiry on the complaint of the Petitioner dated 21.05.2022 and to take necessary action in accordance with law by considering the representation of the Petitioner dated 10.02.2024 within a time period that may be stipulated by this Court.

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For Petitioner : Ms.P.Yasmin Begum For R-1 and R-2 : Mr.B.Thanga Aravindh Government Advocate (Criminal Side)

ORDER

The learned Counsel for the Petitioner submitted that the Petitioner had filed this petition for issuance of Writ of Mandamus, seeking direction against the Respondents 1 and 2 to conduct speedy enquiry on the complaint of the Petitioner dated 21.05.2022 and to take necessary action in accordance with law, by considering the Petitioner's representation dated 10.02.2024.

2. The learned Government Advocate (Criminal Side) on instructions of the Respondents 1 and 2 would submit that the third Respondent is the husband of the Petitioner and the fourth Respondent is the sister-in-law of the Petitioner. The subject matter pertains to dowry harassment, based on which a complaint was preferred by the Petitioner against the Respondents 3 and 4 before the second Respondent Police. Therefore, as per mandatory procedures, the second Respondent forwarded the complaint to the District Social Welfare Officer, Thanjavur for conducting enquiry. On enquiry, it was found that there was no involvement of dowry harassment.

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3. In the light of the report filed by the District Social Welfare Officer, Thanjavur, the complaint of the Petitioner against dowry harassment was closed. The report of the same is also furnished to the learned Counsel for the Petitioner.

4. The learned Counsel for the Petitioner by way of reply submitted that the third Respondent had married another woman and also misappropriated the jewels provided by the Petitioner's parents at the time of their marriage.

5. The learned Government Advocate (Criminal Side) submits that the subject matter now mentioned by the learned Counsel for the Petitioner is not stated in the complaint. The complaint pertains only to dowry harassment for which the District Social Welfare Officer had conducted mandatory enquiry and arrived at a conclusion. Therefore, the complaint of the Petitioner was closed.

6. Considering the submission made by learned Counsel for the Petitioner and the learned Government Advocate (Criminal Side), the second Respondent is directed to consider the complaint with regard to misappropriation of jewels 3/5

by the Respondents 3 and 4, who are the in-laws of the Petitioner and complete the enquiry. If any cognizable offence is found, the Respondent Police may register the case against the Respondents 3 and 4.

7. With the above direction, this Writ Petition is disposed of. No costs. 06.03.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No Nsr TO:

1.The Deputy Superintendent of Police, Deputy Superintendent Office, Thanjavur.

2.The Inspector of Police, All Women Police Station, Thanjavur.

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SATHI KUMAR SUKUMARA KURUP, J.

Nsr Order made in W.P.(MD)No.4862 of 2024 Dated:

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