S.Thivyashri v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.04.2021 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN S.Thivyashri ... Petitioner Vs.

1.The Superintendent of Police, Dindigul District.

2.The Inspector of Police, Chinnalapatti Police Station, Dindigul District.

(Crime No.839 of 2020) ... Respondents Prayer : Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the respondents to file a final report within stipulated time in connection with Crime No.839 of 2020 on the file of the second respondent. For Petitioner : Mr.M.Viji For Respondents : Mr.R.Anandharaj Additional Public Prosecutor

ORDER

The present petition is filed seeking a direction to the second respondent to complete the investigation in Crime No.839 of 2020 and file the final report within the time stipulated by this Court. 2.The case of the petitioner is that she got married with one G.Parthasarathy and they blessed with a male child. After the marriage, the accused persons tortured the petitioner demanding additional dowry and also chased out from her matrimonial home. Therefore, the petitioner lodged a complaint before the second respondent police on 26.01.2021. The same was registered in CSR No.16 of 2020. But no action was taken. Thereafter, the petitioner sent a detailed representation to the first respondent through registered post. Since no action has been taken, the petitioner filed a direction petition before the learned Judicial Magistrate, Aathoor, Dindigul District, for the offence under Section 156(3) of Cr.P.C.. The learned Magistrate directed the second respondent to hold preliminary enquiry and complete the investigation. Pursuant to 1/3

the direction given by the learned Magistrate, the second respondent registered a case in the above said crime number. Till date, the second respondent police has not taken any steps to complete the investigation and file the final report. Hence, the petitioner filed the present petition before this Court. 3.According to the learned counsel for the petitioner, it is a matrimonial dispute between the husband and wife and inspite of panchayat took place at the village level, there was no compromise between them. Therefore, the husband of the petitioner has filed a petition for divorce and its also pending and there is no possibility of settlement and so, the question of settlement through mediation also will not yield any result.

4.According to the learned Additional Public Prosecutor for the respondents, on instructions, would submit that the investigation in Crime No.839 of 2020 is underway and prayed for three months time to file a final report.

5.In the facts and circumstances of the case, there shall be a direction to the second respondent to complete the investigation and file a final report before the concerned Court in Crime No.839 of 2020 within a period of two months from the date of receipt of a copy of this order.

6.With the above directions, the Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(W) // True Copy // / /2021 Sub Assistant Registrar(CS) Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Superintendent of Police, Dindigul District.

2.The Inspector of Police, Chinnalapatti Police Station, Dindigul District.

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

20.04.2021 AS(26.05.2021) 3P 4C 3/3