Madras High CourtCRL OP(MD)/9363/2016disposed of

Mumtaz 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.9363 of 2016 Mumtaz Beevi ... Petitioner -Vs1.The Superintendent of Police, Ramanathapuram District Ramanathapuram.

2.The Inspector of Police, R.S.Mangalam Police Station, Ramanathapuram District.

... Respondents Petition filed under Section 482 of the Code of Criminal Procedure to direct the 2nd respondent to register the case on the basis of the petitioner's complaint dated 06.06.2016. For Petitioner : Mr.D.Rameshkumar 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 a case on the basis of the petitioner's complaint dated 06.06.2016.

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

3. The case of the petitioner is that the petitioner was allotted a share from her ancestral property. While so, the proposed accused persons trespassed into her property by break open the lock. When the same was questioned by her, the proposed accused persons threatened her with dire consequences. Therefore, a complaint has been preferred. Since, no action has been taken on the said complaint, the 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 https://hcservices.ecourts.gov.in/hcservices/

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 (Records) /True copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Ramanathapuram District, Ramanathapuram.

2.The Inspector of Police, R.S.Mangalam Police Station, Ramanathapuram District.

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

+1cc to Mr.D.Rameshkumar Advocate SR.No.31197 RR JA-ARK-PV-27.6.2016-2P:5C Crl.O.P.(MD).No.9363 of 2016 17.06.2016 https://hcservices.ecourts.gov.in/hcservices/