Madras High CourtCRL MP(MD)/3050/2024disposed of

V.Jayapreetha v. The Superintendent Of Police

2024-12-16Honourable Mr Justice N. Anand Venkatesh4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Sixteenth day of December Two Thousand and Twenty Four PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH in Crl.O.P.(MD).No.1999 of 2023 V.JAYAPREETHA ... Petitioner / Petitioner / Defacto Complainant Vs 1 THE SUPERINTENDENT OF POLICE THANJAVUR, THANJAVUR DISTRICT.

2 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, KUMBAKONAM, THANJAVUR DISTRICT.

CR.NO.37/2022 ... Respondents/ Respondents/ Complainant 3 THE DEPUTY SUPERINTENDENT OF POLICE, KUMBAKONAM SUB DIVISION, THANJAVUR DISTRICT.

... Respondent / Respondent / Respondent Criminal Miscellaneous Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to direct the respondents to comply the order passed by this Honourable Court in Crl.O.P. (MD).No.1999/2023 dt 02.02.2023 within the time stipulated by this Honourabke Court and pass such further or other orders Order : This Criminal Miscellaneous petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.PRABHU K A S, Advocate for the petitioner and of M/s.A.ALBERT JAMES, Government Advocate (Crl. Side), on behalf of the Respondent the Court made the following order:- 1/4

This petition has been filed for a direction to the respondents to comply with the order passed in Crl.O.P.(MD) No.1999 of 2023 dated 02.02.2023. 2.This Court wile disposing of the above petition directed the Deputy Superintendent of Police, Kumbakonam, to monitor the investigation. Since there was no progress in the investigation, the present petition was filed before this Court. 3.When the matter came up for hearing on 06.12.2024, this Court directed the third respondent to file an affidavit in this case and accordingly, an affidavit was filed today and the relevant portions are extracted hereunder: "6.It is submitted that obeying the orders of the Court, in pursuit of monitoring the investigation of the above case, I perused the case diary file of Kumbakonam All Women Police Station Cr.No.

37/2022 and it was observed that investigation was completed and final report was laid by Sub-Inspector Mrs.Vimalarani on 17.02.2023. I enquired the investigating officer about the facts of the case, and since it revealed prima facie for criminal offence made under section 417,420 IPC. I instructed the incumbent Station House Officer to follow due process and ensure that the case is taken cognizance in respective jurisdictional court.

7.Following which the station house officer, filed the case in e-filing portal on 10.12.2024 vide E.filing no. TNJ J18 0074512024 in Judicial Magistrate - No.1 Court, Kumbakonam and C.C.No.521/2024 was assigned on 12.12.2024. Now the case is 2/4

posted to 04.02.2025 for the appearance of the accused. 8.To personally ascertain the facts of the case, on 11.12.2024, I issued summons to the complainant, Ms. Jayapreetha, D/o Vijayan, and her mother, Ms. Laxmi, W/o Vijayan, residing at 33-Banadurai South Sannathi Street, Kumbakonam, to be present at the place of their choice for enquiry on 12.12.2024. However, they refused to receive the summons and the summon was served with the help of VAO as per provision of 179,94 of BNSS. Nevertheless, I will make every effort to bring the complainant, conduct an inquiry with her, address their concerns, and properly monitor the trial of this case." 4.

It is clear from the above affidavit that the third respondent is monitoring the investigation and in fact, the investigation has been completed and police report has been filed before the learned Judicial Magistrate No.I, Kumbakonam and the case is now pending in C.C.No.521 of 2024. 5.Recording the above development, this petition stands disposed of. sd/- 16/12/2024 / TRUE COPY / /12/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

PKN 3/4

TO 1 THE SUPERINTENDENT OF POLICE THANJAVUR, THANJAVUR DISTRICT.

2 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, KUMBAKONAM, THANJAVUR DISTRICT.

3 THE DEPUTY SUPERINTENDENT OF POLICE, KUMBAKONAM SUB DIVISION, THANJAVUR DISTRICT.

4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN in Crl.O.P.(MD).No.1999 of 2023 Date :16/12/2024 SS/SKN/SAR- /20/12/2024/ 4P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4