Madras High CourtCRL OP(MD)/12417/2018closed

Shanthi, W/O.Jeyapandi, v. The Commissioner Of Police

2018-07-23Honourable Mr Justice D. Krishnakumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.07.2018

CORAM:

THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR CRL.O.P.(MD)No.12417 of 2018 Shanthi ... Petitioner -vs- State Rep. by

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

2. The Inspector of Police, All Women Police Station, (Crime Branch), Madurai City.

... Respondents Prayer: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the respondents to register the case based on the petitioner's complaint dated 26.06.2018. For Petitioner : Mr.S.Muniyandi For Respondents : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.side)

ORDER

This petition has been filed praying to direct the respondents to register the case based on the petitioner's complaint, dated 26.06.2018.

2.The learned counsel for the petitioner has submitted that the petitioner has lodged a complaint before the respondents on 26.06.2018, 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 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, and the same is pending. https://hcservices.ecourts.gov.in/hcservices/

4.Considering the above facts, the prayer sought for by the petitioner cannot be granted at this stage and hence, this Criminal Original Petition is dismissed as not maintainable. Sd/- Assistant Registrar(Protocol) /True Copy/ Sub Assistant Registrar(CS-IV) To

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

2. The Inspector of Police, All Women Police Station, (Crime Branch), Madurai City.

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

+1cc to Mr.S.Muniyandi, Advocate Sr.No.74957 AM VB/MMS/SAR4/06.08.2018/2P/5C CRL.O.P.(MD)No.12417 of 2018 23.07.2018 https://hcservices.ecourts.gov.in/hcservices/