Madras High CourtCRL OP(MD)/7034/2023allowed

S.Kalaiyarasi v. The Sub Inspector Of Police

2023-04-18Honourable Mrs Justice R. Tharani4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.04.2023

CORAM:

THE HONOURABLE MRS.JUSTICE R.THARANI Crl.O.P.(MD) No.7034 of 2023 S.Kalaiyarasi ... Petitioner Vs.

The Sub Inspector of Police, Devakottai All Women Police Station, Sivagangai District.

... Respondent PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the respondent to comply with the order in Cr.M.P.No. 824 of 2023, dated 09.03.2023, passed by the Judicial Magi, Karaikudi, Sivagangai District and to register the complaint and to complete the investigation in accordance with law.

For Petitioner : Mr.I.Sabeer Mohamed For Respondents : Mr.B.Nambi Selvan Additional Public Prosecutor 1/4

O RDER This petition is filed to direct the the respondent to comply with the order in Cr.M.P.No.824 of 2023, dated 09.03.2023, passed by the Judicial Magi, Karaikudi, Sivagangai District and to register the complaint and to complete the investigation in accordance with law.

2. On the side of the petitioner, it is stated that the petitioner is the mother-in-law of the accused. There is some misunderstanding between the son of the petitioner and his wife. The son of the petitioner filed a HMOP petition. On knowing the same, daughter-in-law trespassed into the house and attacked the petitioner and hence, the petitioner lodged a complaint on 23.01.2023 and C.S.R. number was given by the respondent, but, since no action was taken, the petitioner approached the Judicial Magistrate Court and obtained a direction under Section 156(3) Cr.P.C and the direction was given on 09.03.2023, even then, the respondent police did not file an F.I.R.

3. On the side of the prosecution, it is stated that the order was communicated to the respondent police only on 14.03.2023 and as per the order on or before 09.04.2023, the final report ought to have been 2/4

filed. The police is ready to file a final report within a period of two weeks and prayed for extension of time for a period of two weeks.

4. On the submission of the prosecution, further time is granted and the prosecution is hereby directed to file a final report on or before 21.05.203.

5. With the above direction, this Petition is allowed. NCC : Yes/No Index : Yes/No 18.04.2023 Ls To 1.The Sub Inspector of Police, Devakottai All Women Police Station, Sivagangai District.

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

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R.THARANI. J.

Ls 18.04.2023 4/4