Madras High CourtCRL OP(MD)/3568/2016disposed of

Mahaboob John v. The Inspector Of Police

2016-02-29Honourable Mr Justice V. S. Ravi2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.02.2016

CORAM:

THE HONOURABLE MR.JUSTICE V.S.RAVI Crl.O.P.(MD) No.3568 of 2016 Mahaboob John ... Petitioner/Petitioner vs.

The Inspector of Police All Women Police Station Theni District, Theni ... Respondent/Complainant PRAYER: This petition is filed under Section 482 Cr.P.C., to direct the respondent Police to complete the investigation in Crime No.27 of 2015, on the file of the respondent Police and to file final report in accordance with law within the stipulated period. For Petitioner : Mr.A.Nawaskhan for M/s.Ajmal Associates For Respondent : Mr.P.Kandasamy, G.A.(Crl.Side)

O R D E R

Seeking a direction to the respondent Police to file the final report, in Crime No.27 of 2015, before the concerned forum, the petitioner has come up with this criminal original petition.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondent.

3. It is stated in the petition that on 11.03.1995, the petitioner married to Latheef Ali Khan, as per Shariat, in the presence of elders and 35 Soverigns of gold ornaments and household articles were given as dowry. They are having two female children out of their wedlock. Subsequently, her husband demanded further dowry to the tune of Rs.1,00,000/- and tortured her by assaulting. Though the same was given, her husband demanded further dowry. Furthermore, her husband started to have illegal intimacy with one Madina Begum and harassed the petitioner and children unnecessarily. Therefore, the petitioner lodged a complaint before the Jamath members seeking reunion, but her husband refused to live with her. Subsequently, the petitioner lodged a complaint before the respondent Police on 25.08.2015 and the same was registered in Crime No.

27 of 2015, for the offences punishable under Sections 497, 498(A) and 506(i) I.P.C., and Section 4 of Dowry Prohibition Act, on 25.08.2015. The grievance of the petitioner is that though the case was registered as early as on 25.08.2015, till date the respondent Police has not filed the final report before the concerned forum. Therefore, she has filed this https://hcservices.ecourts.gov.

criminal original petition seeking the relief as stated above.

4. Taking into consideration the fact that the case, in Crime No.27 of 2015, is kept pending right from 25.08.2015, this Court is of the view that the petitioner is entitled to get a direction as prayed for.

5. Accordingly, this criminal original petition is disposed of with a direction to the respondent Police to complete the investigation in the case, in Crime No.27 of 2015, and to file the final report before the concerned forum as early as possible preferably within a period of two months from the date of receipt of a copy of this order. Sd/- Assistant Registrar (CO Dept.) /True copy/ Sub Assistant Registrar To 1.The Inspector of Police, All Women Police Station, Theni District, Theni.

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

+1 CC to M/s.Ajmal Associates, Advocate, SR No.11571 krk SH/SK-SKN:16.03.2016:2P/4C Crl.O.P.(MD) No.3568 of 2016 29.02.2016 https://hcservices.ecourts.gov.in/hcservices/