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Madras High CourtCRL OP(MD)/8519/2016closed

N. Sumathi v. The District Suprintendent Of

2016-06-10Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.06.2016

CORAM

THE HONOURABLE DR.JUSTICE S.VIMALA Crl.O.P.(MD).No.8519 of 2016 N.Sumathi ... Petitioner -Vs1.The District Superintendent of Police, Karur District, Karur.

2.The Inspector of Police, Kulithalai Police Station Karur District ... Respondents Petition filed under Section 482 of the Code of Criminal Procedure to direct the 2nd respondent to register a case for an alleged offences punishable under Sections 452, 294(b), 354 and 506(ii) IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act 1998 and also Prevention of Protection of Children from Sexual Offences Act 2012 on the basis of the petitioner complaint, dated 11.05.2016.

For Petitioner : M/s.M.Kala Murugappan For Respondents : Mr.A.P.Balasubramani Government Advocate (Crl.Side)

ORDER

This petition has been filed for a direction to the 2nd respondent to register a case for an alleged offences punishable under Sections 452, 294(b), 354 and 506(ii) IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act 1998 and also Prevention of Protection of Children from Sexual Offences Act 2012 on the basis of the petitioner complaint, dated 11.05.2016.

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

3. The sum and substance of the complaint preferred by the petitioner herein is that the proposed accused persons have trespassed into the house of the petitioner, outraged their modesty and attempted to commit rape on her and her minor daughter and criminally intimidated them. It is further stated by the petitioner that the proposed accused persons have attempted to https://hcservices.ecourts.gov.in/hcservices/

abduct the minor daughter of the petitioner herein at the instigation of other accused. Therefore, a complaint came to be lodged. Since no action has been taken by the respondents, the present petition has been filed.

4. According to the learned Government Advocate (Crl. Side), petition enquiry is pending before the 2nd respondent.

5. In view of the above submission, the 2nd respondent is directed to expedite the enquiry and complete the same within a period of one month from the date of receipt of a copy of this order. During the course of enquiry, if any cognizable offence is made out, the respondent police shall take action in accordance with the law laid down by the Hon'ble Apex Court in Lalitha Kumari vs. Govt. of U.P & others [2013 (4) Crimes 243 (SC).In case of closure of the complaint, a copy of the closure report be furnished to the petitioner within a week of such closure. On receipt of the same, it is open to the petitioner to work out her remedy in the manner known to law.

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

Sd/ Assistant Registrar(CS-I) /True copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Karur District, Karur.

2.The Inspector of Police, Kulithalai Police Station, Karur District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1cc to M/s.R.Murugappan, Advocate in SR.No.29384/16 SDR/NGM-MP/23.06.2016/2P/5C Crl.O.P.(MD).No.8519 of 2016 10.06.2016 https://hcservices.ecourts.gov.in/hcservices/