Madras High CourtCRL OP(MD)/9559/2021disposed of

Rose Lilly Rani v. The Superintendent Of Police

2021-08-10Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.9559 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE : 10.08.2021

CORAM:

THE HON'BLE MR JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.9559 of 2021 Rose Lilly Rani ... Petitioner Vs.

1.The Superintendent of Police, Kanyakumari District at Nagercoil.

2.The Sub Inspector of Police, Vellichandai Police Station, Kanyakumari.

... Respondents Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to direct the 2nd respondent to comply the order passed by learned Judicial Magistrate, Eraniel, in CMP.No.100 of 2021, dated 02.02.2021 and consequently, register the case on the petitioner's complaint dated 31.05.2020.

For Petitioner : Mr.K.P.Narayanakumar For Respondents : Mr.R.M.Anbunithi, Additional Public Prosecutor

ORDER

This Criminal Original Petition is filed seeking a direction to direct the second respondent to comply the order passed by learned Judicial Magistrate, Eraniel, in CMP.No.100 of 2021, dated 02.02.2021.

2.When the matter taken up for hearing, the learned Additional Public Prosecutor has submitted that as per direction of the learned Judicial Magistrate, Eraniel, case has been registered, on the basis of the complaint, dated 31.05.2020 and during the course of enquiry, it came to know that the accused namely, Yugine Daisyrani, against whom the complaint alleged to have been lodged, expired due to Cancer disease and so, no further action is required. 3.But, however, the grievance of the petitioner is that even as per the complaint made by her, the deceased Yugine Daisyrani along with two daughters and one son received the disputed jewels. So, according to her, liberty may be granted to her to work out her remedy before the appropriate Court through appropriate proceedings. 4.As per the request, made by the learned counsel for the https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.9559 of 2021 petitioner, liberty is granted to work out her remedy, before the appropriate Court through appropriate proceedings. 5.With the above direction, this Criminal Original Petition is disposed of as infructuous.

Sd/- Assistant Registrar (W) // True Copy // / /2021 Sub Assistant Registrar(CS) 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, Kanyakumari District at Nagercoil.

2.The Sub Inspector of Police, Vellichandai Police Station, Kanyakumari.

3.Judicial Magistrate, Eraniel.

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

Crl.O.P.(MD)No.9559 of 2021 10.08.2021 RS (19.08.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2