Madras High CourtCRL OP(MD)/9771/2016disposed of

Jeibu Nisha v. The Superintendent Of Police

2016-06-22Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.06.2016

CORAM:

THE HONOURABLE Dr. JUSTICE S.VIMALA Crl.O.P.(MD)No.9771 of 2016 Jeibu Nisha .. Petitioner Vs.

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

2. The Inspector of Police, All Women Police Station, Uthamapalayam, Theni District.

.. Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to direct the second respondent to register the complaint dated 2.6.2016 preferred by the petitioner for the offences punishable u/s.294(b), 498(A), and 506 (ii) of IPC and sections 3 & 4 of Dowry Prohibition Act sections 4 of Tamilnadu Prohibition of Harassment of Women Act and to take action against the accused in accordance with law.

For Petitioner : Mr.R.Gandhi For Respondents : Mr.K.V.Rajarajan, Government Advocate (Criminal 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 02.06.2016.

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 petitioner was subjected to cruelty and harassment by her husband and in-laws demanding a sum of Rs.5,00,000/- as dowry. The petitioner has already given a complaint on 08.04.2016. Based on the complaint, the proposed accused were enquired by the second respondent. They admitted their guilt and assured that they will not https://hcservices.ecourts.gov.in/hcservices/

do the same thing in future. But, again they started to harass the petitioner by demanding dowry. 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 before the second respondent. 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 (CS-II) /True Copy/ Sub Assistant Registrar To

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

2. The Inspector of Police, All Women Police Station, Uthamapalayam, Theni District.

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

+ 1 CC TO MR.R.GANDHI, ADVOCATE IN SR No. 32466 MJ TE/SKS-RR/ : 11/07/2016 : 2P/5C Crl.O.P.(MD)No.9771 of 2016 22.06.2016 https://hcservices.ecourts.gov.in/hcservices/