Madras High CourtWP(MD)/11241/2021dismissed as infructuous

Anish Fathima v. The Superintendent Of Police

2021-07-28Honourable Mr Justice G.Ilangovan2 pages

W.P.(MD)No.11241 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.07.2021

CORAM

THE HONOURABLE MR.JUSTICE G.ILANGOVAN W.P.(MD)No.11241 of 2021 and WMP(MD) No.9101 of 2021 Anish Fathima Petitioner Vs.

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

2.The Inspector of Police, All Women Police Station, Thiruvadanai, Ramanathapuram District.

Respondents PRAYER: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the second respondent to take action on the petitioner's representation dated 28.06.2021 and conduct enquiry and act in accordance with law. For Petitioner : Mr.T.Lenin Kumar For Respondents : Mr.R.M.Anbunithi, Additional Public Prosecutor

O R D E R

This Writ Petition has been filed seeking to issue a Writ of Mandamus, to direct the second respondent to take action on the petitioner's representation dated 28.06.2021 and conduct enquiry and act in accordance with law.

2.The grievance of the petitioner is that without following the legal requirements, the complaint given by the petitioner came to be closed. In earlier occasion, the learned Additional Public Prosecutor was directed to advise the second respondent to conduct enquiry as per the provisions of the Muslim Women (Protection of Rights on Marriage) Act, 2019.

3.When the matter is taken up for hearing, the learned Additional Public Prosecutor would submit that a case in Crime No.6 of 2021 has been registered against the petitioner's husband and Rahamadulla and others on 14.07.2021, for the offences punishable under Sections 498A, 294(b) and 506(ii) IPC and 4 of Muslim Women (Protection of Rights on Marriage) Act 2019 and investigation is pending.

4.Since the grievance of the petitioner has been redressed, https://hcservices.ecourts.gov.in/hcservices/ 1/4

W.P.(MD)No.11241 of 2021 this petition has become infructuous and this Writ Petition is dismissed as infructuous. In view of the order passed in W.P(MD) No.11241 of 2021, WMP(MD) No.9101 of 2021 is closed. No costs. Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) vrn Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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

2.The Inspector of Police, All Women Police Station, Thiruvadanai, Ramanathapuram District.

+1 CC to M/s.R.RAJAMOHAN, Advocate ( SR-24546[F] dated 29/07/2021 ) W.P.(MD)No.11241 of 2021 and WMP(MD) No.9101 of 2021 28.07.2021 RD(5.08.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/4