Madras High CourtCRL OP(MD)/19584/2018disposed of

S.Rajathi, v. The Superintendent Of Police,

2018-11-02Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.11.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.[MD].No.19584 of 2018 S.Rajathi : Petitioner Vs.

1. The Superintendent of Police, Thanjavur, Thenajvur District.

2. The Inspector of Police, Thaluka Police Station, Kumbakonam, Thanjavur District.

: Respondents PRAYER:Criminal Original Petition is filed under Section 482 of Cr.P.C., to set aside the order made in Cr.M.P.No.6879 of 2018 on the file of the Judicial Magistrate Court No.II, Kumbakonam dated 29.06.2018 and consequently for an issuance of direction, dircting the respondents to register the case on the complaint of the petitioner dated 06.06.2018 on the file of the 2nd respondent herein to investigate to file a final report within a stipulated time as fixed by this Court.

For Petitioner : Mr.P.Yasmin Begum For Respondents : Ms.S.Bharathi Government Advocate (Crl.Side)

ORDER

This criminal original petition has been filed challenging the order of the learned Judicial Magistrate No.II, Kumbakonam dated 29.06.2018 made in Cr.M.P.No.6879 of 2018 filed under Section 156

(3) Cr.P.C., refusing to direct the respondent police to register an FIR, on the ground that cognizable offence has not been made out. 2.The learned Government Advocate (Crl.Side) would submit that the respondent police have conducted enquiry based on the complaint given by the petitioner and they have found that the entire incident as projected by the petitioner is false.

https://hcservices.ecourts.gov.in/hcservices/ 3.In the facts and circumstances of the case, this Court cannot

give any further direction to the respondent police, since they have closed the complaint. However, liberty is granted to the petitioner to redress her remedy by filing appropriate private complaint before the Magistrate Court and proceed further in accordance with law. 4.This Criminal Original Petition is disposed of with the above direction.

Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar (CS-II) To

1. The Superintendent of Police, Thanjavur, Thenajvur District.

2. The Inspector of Police, Thaluka Police Station, Kumbakonam, Thanjavur District.

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

+ 1 CC TO Mr.P.YASMIN BEGAM, ADVOCATE IN SR No. 94293 TA TE/RSK/SAR-2 : 10/12/2018 : 2P/5C Crl.O.P.[MD].No.19584 of 2018 02.11.2018 https://hcservices.ecourts.gov.in/hcservices/