Madras High CourtCRL OP(MD)/21891/2016dismissed

Vinothini v. The Commissioner Of Police

2016-11-18Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.11.2016

CORAM:

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P(MD) No.21891 of 2016 Vinothini ... Petitioner -vs1.The Commissioner of Police, Office of the Commissioner of Police, Madurai City 2.The Inspector of Police, All Women Police Station, Madurai Town, Madurai City.

... Respondents Prayer:Criminal Original Petition is filed under Section 482 of Cr.P.C directing the second respondent police to secure the accused in Crime No. 18 of 2016 punishable offences under Sections 498(A), 294(b), 506(I) IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act.

For Petitioner :

Mr.R.Udhayakumar For Respondents :

Mr.K.Anbarasan Government Advocate(Crl.side)

O R D E R

This Criminal Original Petition has been filed under Section 482 of Cr.P.C seeking a direction to the second respondent police to secure the accused in Crime No. 18 of 2016 punishable offences under Sections 498(A), 294(b), 506(I) IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act.

2. Heard the learned counsel for the petitioner and the learned Government Advocate(Crl.side) appearing for the respondents.

3. Pursuant to the direction issued by the Additional Mahila Court, Madurai, the second respondent police registered a case in Crime No.18 of 2016 under Sections 498(A), 294(b), 506(I) IPC and Section 4 of Tamilnadu Prohibition of Harassment of Women Act. https://hcservices.ecourts.gov.in/hcservices/

4. The learned counsel for the petitioners submitted that though the case has been registered on 07.11.2016, the second respondent has not taken any action against the accused and prays for issuance of direction to the second respondent to secure the accused.

5. In the light of judgment of the Hon'ble Supreme Court of India in Arnesh Kumar vs. State of Bihar and Another reported in (2014) 3 MLJ (Crl) (SC), the prayer sought for by the petitioner cannot be granted. Hence, this petition is dismissed. However, the respondent police is directed to conduct the investigation dispassionately.

Sd/- Assistant Registrar /True copy/ Sub Assistant Registrar To 1.The Commissioner of Police, Office of the Commissioner of Police,Madurai City 2.The Inspector of Police, All Women Police Station,Madurai Town,Madurai City. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 cc to M/s.R.Udhaya Kumar, Advocate in SR.No. 70321 CM CSL/SS-2/30.11.2016: 2P/5C Crl.O.P(MD)No.21891 of 2016 18.11.2016 https://hcservices.ecourts.gov.in/hcservices/