Madras High CourtCRL OP(MD)/5988/2022dismissed

Lakshmi v. The Superintendent Of Police

2024-02-05Honourable Mr Justice M.Dhandapani6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.(MD) No.5988 of 2022 Lakshmi ... Petitioner Vs.

1.The Superintendent of Police, O/o.The Superintendent of Police, Theni, Theni District.

2.The Inspector of Police, Theni All Women Police Station, Theni District, Theni-625 531.

in Crime No.65 of 2021.

3.Rajkumar

...Respondents

PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the respondents 1 and 2 to recover the petitioner's 11 Sovereigns of gold jewels and cash of Rs.1,00,000/- and Sreedhana articles worth about Rs.2,00,000/- from the third respondent and his family members in connection with Crime No.65 of 2021 pending on the file of the second respondent on the basis of the petitioner's representation dated 14.02.2022 given to the respondents 1 and 2. 1/6

For petitioner : Mr.M.Karuppasamy Pandian For Respondents : Mr.S.Manikandan Government Advocate (Crl.side) for R1 and R2 No-appearance for R3 O RDER This Criminal Original Petition has been filed to direct the respondents 1 and 2 to recover 11 sovereigns of gold jewels of the petitioner, the cash amount of Rs.1,00,000/- and Sreedhana articles worth about Rs.2,00,000/- from the third respondent and his family members in connection with Crime No.65 of 2021 pending on the file of the second respondent, on the basis of the petitioner's representation dated 14.02.2022 given to the respondents 1 and 2.

2. The case of the petitioner is that the petitioner is the wife of the third respondent and after the marriage, the third respondent harassed the petitioner demanding dowry, due to which, she left the matrimonial home. Thereafter, without the consent of the petitioner, the third respondent has performed second marriage. Hence, she made a complaint before the second respondent against her husband and his family members and his second wife, and the second respondent has also registered a case in Crime No.65 of 2021 for the offence punishable 2/6

under Sections 405, 406, 323 and 506(i) IPC, however, the second respondent did not take any action. Hence, she submitted a representation to the respondents Police on 14.02.2022, but, no action was taken. Therefore, this Criminal Original Petition has been filed.

3. When the matter is taken up for hearing, the learned Government Advocate (Criminal side) appearing for the respondents Police submits that based on the complaint given by the petitioner, a case Crime No.65 of 2021 was registered for the offence punishable under Sections 405, 406, 323 and 506(i) IPC. After completion of investigation, the charge sheet was filed and the case was ended in acquittal.

4. Recording the submission made by the learned Government Advocate (Criminal side) appearing for the respondents Police, this Criminal Original Petition is dismissed. However, liberty is granted to the petitioner to work out her remedy in the manner known to law. 05.02.2024 Index : Yes/No Internet : Yes/No ssb 3/6

To 1.The Superintendent of Police, O/o.The Superintendent of Police, Theni, Theni District.

2.The Inspector of Police, Theni All Women Police Station, Theni District, Theni-625 531.

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

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M.DHANDAPANI. J.

ssb 05.02.2024 6/6