Madras High CourtCRL OP(MD)/9313/2016disposed of

Hayar Nisha Beevi v. The Superintendent Of Police

2016-06-17Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.06.2016

CORAM

THE HONOURABLE DR.JUSTICE S.VIMALA Crl.O.P.(MD).No.9313 of 2016 Hayar Nisha Beevi ... Petitioner -Vs1.The Superintendent of Police, Kanyakumari District Nagercoil 2.The Inspector of Police, All Women Police Station, Kulithurai, Marthandam Kanyakumari District.

... Respondents Petition filed under Section 482 of the Code of Criminal Procedure to direct the 2nd respondent police to register the case in pursuant to the complaint dated 02.06.2016 given by the petitioner and investigate the same.

For Petitioner : Mr.R.Maheswaran For Respondents : Mr.A.P.Balasubramani Government Advocate (Crl.Side)

ORDER

This petition has been filed for a direction to the second respondent to register the case on the basis of the petitioner's complaint dated 02.06.2016.

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

3. Due to matrimonial dispute, the petitioner's daughter-inlaw/proposed accused has lodged a complaint against the petitioner and others. Pursuant to which, the petitioner and others obtained anticipatory bail from this Court. While so, when returning from the police station, after complying with the condition imposed by this Court, the proposed accused person along with others abused the petitioner and her family members by using filthy language and attempted to attack them. Therefore, a complaint was given and since, no action has been taken on the said complaint, the https://hcservices.ecourts.gov.in/hcservices/

petitioner is before this Court.

4. According to the learned Government Advocate (Crl.Side), petition enquiry is stated to be 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-II) /True copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Kanyakumari District, Nagercoil 2.The Inspector of Police, All Women Police Station, Kulithurai, Marthandam Kanyakumari District.

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

+1cc to Mr.R.Maheswaran, Advocate in SR.No.31778 SDR/NGM-MP/30.06.2016/2P/5C Crl.O.P.(MD).No.9313 of 2016 17.06.2016 https://hcservices.ecourts.gov.in/hcservices/