Madras High CourtCRL OP(MD)/9543/2016disposed of

K.Valli Deivanai 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.9543 of 2016 K.Valli Deivanai ... Petitioner -Vs1. The Superintendent of Police, Sivagangai District, Sivagangai.

2. The Inspector of Police, Thirupuvanam Police Station, Sivagangai District.

... Respondents Petition filed under Section 482 of the Code of Criminal Procedure praying to direct the second respondent to register a case on the basis of the petitioner's complaint dated 26.05.2016 for the offences punishable under Sections 426, 447, 448, 294(b), 506(i) IPC r/w Section 3 of TNPPDL Act.

For Petitioner : Mr.K.Malaimaran 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 26.05.2016.

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 first proposed accused is the daughter of the petitioner and others are her relatives. When the petitioner decided to sell one portion of her land due to debt, the proposed accused have abused the petitioner and threatened to kill her. They have also damaged the load auto of the petitioner. As there was no case registered, the petitioner has come up with this petition. https://hcservices.ecourts.gov.in/hcservices/ 4.According to the learned Government Advocate (Crl. Side), petition enquiry is pending.

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 (WG) /True Copy/ Sub Assistant Registrar To

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

2. The Inspector of Police, Thirupuvanam Police Station, Sivagangai District.

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

+ 1 CC TO MR.K.MALAIMARAN, ADVOCATE IN SR No. 31797 MJ TE/ARK-PV/ : 01/07/2016 : 2P/5C Crl.O.P.(MD).No.9543 of 2016 20.06.2016 https://hcservices.ecourts.gov.in/hcservices/