Madras High CourtCRL OP(MD)/9503/2018disposed of

K.Jayalakshmi v. The District Superintendent

2018-06-13Honourable Mr Justice D. Krishnakumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.06.2018

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR Crl.O.P.(MD) No.9503 of 2018 K.Jayalakshmi ... Petitioner vs.

1. The District Superintendent of Police Virudhunagar District, Virudhunagar

2. The Inspector of Police Town Police Station Sattur, Virudhunagar District ... Respondents PRAYER: Criminal original petition filed, under Section 482 Cr.P.C., to direct the second respondent to register a case for an alleged offences punishable under Sections 420, 294(b), 323 and 506(i) I.P.C., on the basis of the petitioner complaint, dated 20.04.2018.

For Petitioner :

Mr.R.Murugappan For Respondents :

Mr.K.Suyambulingabharathi Govt. Advocate (Crl.Side)

O R D E R

The petitioner has filed this criminal original petition, under Section 482 of the Code of Criminal Procedure, seeking for a direction to the second respondent to register a case, based on her complaint, dated 20.04.2018.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondents and perused the materials placed on record.

3. The learned Government Advocate (Criminal Side) submitted that the petitioner has not co-operated for the enquiry and if she co-operates for the enquiry, the respondent - Police would complete the investigation in accordance with law.

4. At this juncture, the learned counsel for the petitioner made an undertaking that the petitioner will co-operate for the enquiry.

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5. In view of the submissions made by the learned Government Advocate (Criminal Side) and also the undertaking made by the learned counsel for the petitioner, this Court directs the respondent - Police to provide due opportunity to the petitioner for enquiry and during the course of enquiry, if any cognizable offence is made out, the respondent - Police shall register a case based on the petitioner's complaint, dated 20.04.2018 and proceed further in accordance with law and if no cognizable offence is made out, the further action shall be dropped.

6. The criminal original petition is disposed of with the above observations.

Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To:

1. The District Superintendent of Police, Virudhunagar District, Virudhunagar.

2. The Inspector of Police, Town Police Station, Sattur, Virudhunagar District.

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

+ 1 cc TO Mr.R.Murugappan , Advocate in SR No. 68123 krk AE/SV MMS/SAR1/27.06.2018/2P/5C Crl.O.P.(MD) No.9503 of 2018 13.06.2018 https://hcservices.ecourts.gov.in/hcservices/