Madras High CourtCRL OP(MD)/11794/2018dismissed

M.Aarthi v. The Commissioner Of Police

2018-07-13Honourable Mr Justice D. Krishnakumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.07.2018

CORAM

THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR Crl.O.P.(MD) No.11794 of 2018 M.Aarthi

...Petitioner

vs.

State rep. by 1.The Commissioner of Police, Madurai City, Madurai.

2. The Inspector of Police, All Women Police Station, Madurai City, Near Periyar Bus Stand, Madurai.

... Respondents Petition is filed under Section 482 of Code of Criminal Procedure to direct the first respondent to direct the second respondent to register a case on the complaint of the petitioner dated 15.06.2018.

For Petitioner : Mr.T.Selvan For Respondents : Mr.K.Suyambulingabharathi, Government Advocate(Crl.Side).

O R D E R

This Criminal Original Petition has been filed seeking a direction to the first respondent to direct the second respondent to register a case on the complaint of the petitioner dated 15.06.2018.

2.The learned counsel for the petitioner has submitted that the petitioner has lodged a complaint before the respondent police on 15.06.2018, but sofar, no action has been taken and hence, the petitioner has filed the present Criminal Original Petition. 3.The learned Government Advocate (Crl.Side) appearing for the respondents, on instructions, would submit that the complaint preferred by the petitioner is a family dispute and in the light of the decision of the Hon'ble Supreme Court of India in https://hcservices.ecourts.gov.in/hcservices/

Rajeshsarma & others Vs. State of U.P., and others reported in 2017 AIR (Criminal) 796, the complaint has been forwarded to the District Legal Services Committee, Madurai.

4.In the light of the above submissions, the prayer sought for by the petitioner cannot be granted at this stage and hence, this Criminal Original Petition is dismissed as not maintainable with liberty to the petitioner to seek her remedy at the later stage, if necessary.

Sd/- Assistant Registrar(AE) /True Copy/ Sub Assistant Registrar To

1. The Commissioner of Police, Madurai City, Madurai.

2. The Inspector of Police, All Women Police Station, Madurai City, Near Periyar Bus Stand, Madurai.

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

4. The District Legal Services Authority, District Court Campus, Madurai.

+ 1 cc TO Mr.T.Selvan , Advocate in SR No. 73065 rmk/cp AE/RP/SAR3/31.07.2018/2P/6C Crl.O.P.(MD) No.11794 of 2018 13.07.2018 https://hcservices.ecourts.gov.in/hcservices/