← Library
Madras High CourtWA(MD)/1154/2017dismissed

Priya Rangarajan, v. The State

2017-08-30Honourable Mr Justice M.M.Sundresh,Honourable Mr Justice N. Sathish Kumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.A.(MD)Nos.1154 and 1155 of 2017 W.A.(MD)No.1154 of 2017 Priya Rangarajan : Appellant/Petitioner Vs.

The State, represented by The Inspector of Police, Law and Order, Taluk Police Station, Kumbakonam - 612 001.

: Respondent/Respondent W.A.(MD)No.1155 of 2017 Priya Rangarajan : Appellant/Petitioner Vs.

1.The State, represented by The Inspector of Police, East Police Station, Kumbakonam- 612 001.

2.S.Edin Baro :Respondents/Respondents PRAYER in W.A.(MD)No.1154 of 2017 : Writ Appeal filed under Clause 15 of Letters Patent, praying this Court to set aside the order made in W.P(MD)No.15695 of 2017, dated 22.08.2017 on the file of this Court.

PRAYER in W.A.(MD)No.1155 of 2017 : Writ Appeal filed under Clause 15 of Letters Patent, praying this Court to set aside the order made in W.P(MD)No.15696 of 2017, dated 22.08.2017, on the file of this Court.

Prayer in WP(MD). 15695/ 2017 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a writ of mandamus directing the respondent to Register the case on the basis of the petitioners complaint dated 22.07.2017 made to the respondent in the light of judgment delivered by Honble Supreme Court constitution Bench in the case in (2014) 2 SCC 1 titled as https://hcservices.ecourts.gov.in/hcservices/

to Lalithakumari Vs. Govt. of UP & Others in accordance with law on merits.

Prayer in WP(MD). 15696/ 2017 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a writ of mandamus directing the 1st respondent to register the case as against the accused /2nd respondent on the basis of the complaint dated 20.07.2017 in the light of judgment made by the Hon'ble supreme court constitution bench in (2014) 2scc 1 titled as to Lalithakumari vs Govt.of U.P. and others in accordance with law on merits.

For Appellant :M/s..R.Krishnamurthy in both appeals For Respondent/s :Mr.VR.Shanmuganathan in both appeals Special Govt.Pleader COMMON JUDGMENT ************* [Judgment of the Court was made by M.M.SUNDRESH, J.] We do not find any error in the orders passed by the learned Single Judge. The learned Single Judge did not go into the merits of the case.

2.Accordingly, the Writ Appeals stands dismissed at admission stage itself. However, this dismissal order will not stand in the way of the appellant to approach the Court below under 156(3) of Cr.P.C or under Section 200 of Cr.P.C., for necessary relief, as the case may be. As and when the appellant file such petition, the jurisdictional Magistrate is directed to dispose of the same on merits and in accordance with law, without being influenced by any of the observations made in this order or by the order of the learned Single Judge of this Court. No costs. Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar.

To 1.The Chief Judicial Magistrate, Kumbakonam.

2.The Inspector of Police, East Police Station,Kumbakonam-612 001. 3.The Inspector of Police,Law and Order,Taluk Police Station, Kumbakonam - 612 001.

+6CC to Mr.R.Krishnamurthy,Advocate, SR.No.75473,75294,75472,75295 +1CC to the Special Government Pleader SR.No.75785, 75786 COMMON JUDGMENT MADE IN W.A.(MD)Nos.1154 and 1155 of 2017 https://hcservices.ecourts.gov.in/hcservices/ 30.08.2017 vsn AM/SKN RSK/SAR 1/01.09.2017/2P/11C