Madras High CourtCRL OP(MD)/9440/2016disposed of

Velvizhiyal v. The Superintendent Of Police

2016-06-20Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.06.2016

CORAM

THE HONOURABLE DR.JUSTICE S.VIMALA Crl.O.P.(MD).No.9440 of 2016 Velvizhiyal ... Petitioner -Vs1.The Superintendent of Police, Dindigul District, Dindigul.

2.The Sub Inspector of Police, Viruveedu Police Station, Nilakottai Taluk, Dindigul District.

... Respondents Petition filed under Section 482 of the Code of Criminal Procedure praying to direct the 1st respondent to instruct the 2nd respondent to register the case on the basis of the petitioner's complaint dated 31.05.2016.

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

ORDER

It is an application seeking a direction to the second respondent to register a case based on the complaint of the petitioner dated 31.05.2016.

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 of the petitioner is that the proposed accused have tried to encroach the property of the petitioner. They also trespassed into the petitioner's house, attacked her with wooden logs and lethal weapons and abused her in filthy language. As there was no case registered, the petitioner has come up with this petition.

4.According to the learned Government Advocate (Crl. Side), petition enquiry is pending in CSR No.72 of 2016. https://hcservices.ecourts.gov.in/hcservices/ 5.In view of the above submission, the second 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 second 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(W) /True Copy/ Sub Assistant Registrar.

To 1.The Superintendent of Police, Dindigul District, Dindigul.

2.The Sub Inspector of Police, Viruveedu Police Station, Nilakottai Taluk, Dindigul District.

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

+1CC to M/S.R.Sankar Ganesh, Advocate, SR.No. 31877 Crl.O.P.(MD).No.9440 of 2016 20.06.2016 mj AM/GSV.PM/24.06.2016/2P/5C https://hcservices.ecourts.gov.in/hcservices/