M. Gnanambal @ Anitha Sree v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.04.2016

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD) No.4181 of 2016 M.Gnanambal @ Anitha Sree ... Petitioner/Complainant vs.

State through 1.The Superintendent of Police Office of Sivagangai Sivagangai District 2.The Inspector of Police All Women Police Station Thiruppathur Sivagangai District ... Respondents PRAYER: This petition is filed under Section 482 Cr.P.C., to direct the second respondent to register the case on the petitioner's complaint, dated 17.02.2016, in accordance with law. For Petitioner : Mr.M.Subash Babu For Respondents : Mr.K.V.Rajarajan, G.A.(Crl.Side)x

O R D E R

The petitioner has filed this criminal original petition, under Section 482 of the Code of Criminal Procedure, seeking direction upon the second respondent to register a case, based on her complaint, dated 17.02.2016.

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

3. The learned Government Advocate (Criminal Side) submitted that earlier the petitioner herein lodged a complaint, dated 05.02.2016, against her husband and the same was closed after conducting enquiry in C.S.R.No.12 of 2016. Thereafter, she sent the present complaint, dated 17.02.2016, to the respondents herein by post.

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4. On reading of the complaint, dated 17.02.2016, it is seen that the petitioner has stated about the enquiry conducted in C.S.R.No.12 of 2016. It is her grievance that during enquiry in C.S.R.No.12 of 2016, her husband appeared in person and stated that he has not remarried and on the strength of such representation made by the petitioner's husband, the petition enquiry, in C.S.R.No.12 of 2016, appears to have been closed by the respondent Police. Now, it is alleged by the petitioner that her husband remarried another girl subsequently.

4. In view of the above, the petitioner is directed to appear in person before the second respondent along with this order and lodge a fresh complaint, containing the very same contents as stated in the previous complaint dated 17.02.2016. On receipt of such complaint, the same shall be enquired into and action be taken thereon in accordance with law, if it discloses the commission of a cognizable offence or drop action otherwise.

5. With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (AE) /True Copy/ Sub Assistant Registrar krk To 1.The Superintendent of Police, Office of Sivagangai, Sivagangai District.

2.The Inspector of Police, All Women Police Station, Thiruppathur, Sivagangai District.

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

+1CC to Mr.M.Subash Babu Advocate Sr.No.20482 GJM/SKS/RR/21.4.16-2p-5C Crl.O.P.(MD) No.4181 of 2016 11.04.2016 https://hcservices.ecourts.gov.in/hcservices/