Madras High CourtCRL OP(MD)/9439/2019dismissed

A. Vijayalkshmi, v. The Superintendent Of Police,

2019-10-25Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD)No.9439 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.10.2019 CORAM :

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.9439 of 2019 A.Vijalakshmi ... Petitioner Vs.

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

2.State Through SI of Police, M.Rattiyappati Police Station, Viruthunagar District.

(Crime No.33/2019) ... Respondents Prayer:

Criminal Original Petition filed under section 482 of Criminal Procedure Code, to direct the respondents to conduct proper investigation in Crime No.33/2019 on the file of the M.Rattiyapatti Police Station based on the petitioner's representation dated 04.03.2019 and file a final report.

For Petitioner : Mr.K.R.Singaravadivel For Respondents : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.Side)

O R D E R

This petition has been filed to direct the respondents to conduct proper investigation in Crime No.33/2019 on the file of the M.Rattiyapatti Police Station based on the petitioner's representation dated 04.03.2019 and file a final report. 2.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondents.

3. The learned counsel for the petitioner would submit that the second respondent registered a FIR without conducting basic enquiry. Therefore, the petitioner sent a representation to the first respondent on 04.03.2019 and filed statutory criminal original petition in Crl.OP.No.5495/2019 seeking for conduct proper investigation in Crime No.33/2019 on the file of the M.Rattiyapatti Police Station and the same was dismissed as withdrawn on 11.04.2019 due to non-filing of typed set of papers. Hence, he preferred this petition.

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Crl.O.P.(MD)No.9439 of 2019

4. The learned Government Advocate (Crl.Side) would submit that on the complaint lodged by the complainant, a case has been registered in Crime No.33/2019 for the offences under Sections 294 (b), 342, 324, 506 (ii) and 302 of IPC. Thereafter, the second respondent police completed the investigation and filed a charge sheet before the learned Judicial Magistrate, No.III, Aruppukottai and it is pending for committal in P.R.C.No.24/2019.

5. Considering the facts and circumstances of the case, the petitioner is none other than the mother of the accused. Hence, She has no locus to file this direction petition for proper investigation. Therefore, the present petition is devoid of merits. Hence, this petition is dismissed.

Sd/- Assistant Registrar(CS-II) // True Copy // Sub Assistant Registrar(CS) Dss To 1.The Superintendent of Police, Virudhunagar District Police Station, Virudhunagr District.

2. The Sub Inspector of Police, M.Rattiyappati Police Station, Viruthunagar District.

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

+1CC TO MR.K.R.SINGARAVADIVEL, Advocate Sr. No. 94806 Crl.O.P.(MD)No.9439 of 2019 25.10.2019 SVM(CO) TR(12.11.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2