Madras High CourtCRL OP(MD)/9387/2016disposed of

Mariammal@Mari v. The Superintendent Of Police

2016-06-21Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.06.2016

CORAM:

THE HONOURABLE DR.JUSTICE S.VIMALA Crl.O.P.(MD).No.9387 of 2016 Mariammal @ Mari .. Petitioner Vs.

1.The Superintendent of Police, Ramanathapuram District, Ramanathapuram.

2.The Deputy Superintendent of Police, Rameshwaram, Ramanathapuram District.

3.The Sub Inspector of Police, Jetty Police Station, Rameswaram, Ramanathapuram District.

.. Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to direct the 3rd respondent to register the FIR based on the complaint lodged by the petitioner dated 01.06.2016 in accordance with law and file final report before the concerned Judicial Magistrate Court, within a time limit.

For Petitioner : Mr.M.S.Jeyakarthik For respondents : Mr.A.P.Balasubramani, Government Advocate (Criminal side)

ORDER

It is an application seeking a direction to the third respondent to register a case based on the complaint of the petitioner dated 01.06.2016.

2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondents. 3.The learned Government Advocate (Criminal side) would submit that the petitioner's son has given a letter on behalf of the petitioner that no further action is needed in respect of the complaint lodged by the petitioner as the matter is settled between the parties. 4.The petitioner - Mariammal and her son present before this Court today. The son of the petitioner in the open Court stated that he was intimidated by the vested interest to give such a letter and it is not a voluntary statement.

https://hcservices.ecourts.gov.in/hcservices/ 5.In view of the above, the third 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 third 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.

6.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, Ramanathapuram District, Ramanathapuram.

2.The Deputy Superintendent of Police, Rameshwaram, Ramanathapuram District.

3.The Sub Inspector of Police, Jetty Police Station, Rameswaram, Ramanathapuram District.

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

+1cc to M/S.M.S.Jeyakarthik, Advocate in SR.No.31933 Crl.O.P(MD)No.9387 of 2016 21.06.2016 gcg PA/AAL-MPA/SAR II/30.06.2016/2P/6C (IT) https://hcservices.ecourts.gov.in/hcservices/