Madras High CourtCRL OP(MD)/6428/2016closed

S. Vijayakumar v. The Commissioner Of Police

2016-04-25Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.04.2016

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD) No.6428 of 2016 S.Vijayakumar ... Petitioner vs.

1. The Commissioner of Police, Trichy City, Trichy.

2. The Inspector of Police, All Women Police Station, Cantonment, Trichy District.

... Respondents PRAYER: This petition is filed under Section 482 Cr.P.C., to direct the second respondent to register the case based on the complaint given by the petitioner on 28.03.2016. For Petitioner : Mr.A.Joel Paul Antony For Respondents : Mrs.S.Prabha, G.A.(Crl.Side)

ORDER

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 his complaint, dated 28.03.2016.

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

3. On reading of the complaint, dated 28.03.2016, it is seen that the petitioner's daughter, by name, Poornima Devi was married to Jothibasu and it is alleged by him that Jothibasu suppressed the factum of impotency. It is also seen that matrimonial dispute in H.M.O.P.No.241 of 2015 is also pending before the learned I Sub Judge, Trichy Camp at Thuraiyur. Under such circumstances, this Court is of the view that no positive direction can be given to the respondent Police to register a case. Accordingly, this https://hcservices.ecourts.gov.in/hcservices/

criminal original petition is dismissed. However, the petitioner is at liberty to work out his remedy in the manner known to law. Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar To

1. The Commissioner of Police, Trichy City, Trichy.

2. The Inspector of Police, All Women Police Station, Cantonment, Trichy District.

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

KRK TE/SKS-RR/ : 05/05/2016 : 2P/4C Crl.O.P.(MD) No.6428 of 2016 25.04.2016 https://hcservices.ecourts.gov.in/hcservices/