Lakshmi v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.06.2018
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR Crl.O.P.(MD)No.14783 of 2017 Lakshmi, W/o.Late N.Nagarajan .. Petitioner Vs.
1. The Superintendent of Police, Office of the Superintendent of Police, Madurai District.
2. The Inspector of Police, Solavandhan Police Station, Madurai District.
.. Respondents Petition is filed under Section 482 of Cr.P.C., seeking a direction to the second respondent to register the case on the petitioner's complaint, dated 23.09.2017 and proceed with the same as per law within the time frame fixed by this Court. For Petitioner : Ms.D.Deepamathi For Respondents : Mr.K.Suyambulinga Bharathi Government Advocate (Criminal side)
ORDER
This Criminal Original Petition has been filed seeking a direction to the second respondent to register the case on the petitioner's complaint, dated 23.09.2017 and proceed with the same as per law within the time frame fixed by this Court. 2.According to the petitioner, the marriage was solemnized between the petitioner and one Nagarajan on 17.06.2005. At the time of marriage, the parents of the petitioner gave 30 sovereigns of gold jewels and Rs.1,00,000/- and other household articles as dowry to the said Nagarajan. Thereafter, due to dispute arose between them, the petitioner's husband filed a petition for divorce before the Family Court, Madurai. The petitioner has filed M.C.No.48 of 2012 for maintenance before the said Court and the same is pending. The petitioner's husband died on 19.09.2017. Thereafter, when the petitioner went to the proposed accused persons' house and asked to return her jewels and articles, they https://hcservices.ecourts.gov.in/hcservices/
threatened the petitioner with dire consequences. Therefore, the petitioner has preferred a complaint before the respondents. Since no action has been taken on the petitioner's complaint, the petitioner has come forward with the present Criminal Original Petition.
3.The learned Government Advocate (Criminal side) submitted that already the petitioner's husband filed H.M.O.P.No.553 of 2009 before the Family Court, Madurai, for divorce, in which, an order has been passed and subsequently, the petitioner has filed M.C.No.48 of 2012 before the Family Court, Madurai, for maintenance and the same is pending. The petitioner has made a complaint for return of articles. The learned Government Advocate (Criminal side) further submitted that the petitioner can seek her remedy in the manner known to law by way of approaching the appropriate forum and therefore, the said complaint was closed. The second respondent police undertakes to serve a copy of the closure report to the petitioner.
4.Recording the above said submission made by the learned Government Advocate (Criminal side), this Criminal Original Petition is dismissed with liberty to the petitioner to approach the appropriate forum, if she is so advised.
Sd/- Assistant Registrar (CS-II) /True Copy/ Sub Assistant Registrar To
1. The Superintendent of Police, Office of the Superintendent of Police, Madurai District.
2. The Inspector of Police, Solavandhan Police Station, Madurai District.
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+ 1 CC TO Mr.R.VENKATESAN, ADVOCATE IN SR No. 68170 SMN2 TE/JC/SAR-1 : 22/06/2018 : 2P/5C Crl.O.P.(MD)No.14783 of 2017 12.06.2018 https://hcservices.ecourts.gov.in/hcservices/