Madras High CourtWP(MD)/11528/2017closed

Al.Shanthi, D/O.An.Alagappan v. The Superintendent Of Police

2017-06-22Honourable Mr Justice P. N. Prakash3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.06.2017

CORAM

THE HON'BLE MR.JUSTICE P.N.PRAKASH W.P.(MD) Nos.11528 and 11532 of 2017 AL.Shanthi ... Petitioner in both petitions -vs1.

The Superintendent of Police, Sivagangai District.

The Inspector of Police, All Women Police Station, Karaikudi, Sivagangai District. ... Respondents in W.P.(MD) 11528/2017 1.

The Superintendent of Police Sivagangai District.

The Inspector of Police, All Women Police Station, Karaikudi, Sivagangai District.

Chief Immigration Officer, Bureau of Immigration, (MHA) Government of India, Chennai Airport.

Chief Immigration Officer, Bureau of Immigration, (MHA) Government of India, Trichy Airport.

Chief Immigration Officer, Bureau of Immigration, (MHA) Government of India, Madurai Airport.

V.Muthu Lakshmanan ... Respondents in W.P.(MD) 11532/2017 Prayer in W.P.(MD) 11528/2017: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a writ of Mandamus, directing the 2nd respondent to consider and dispose of the petitioner's complaint dated 12.06.2017 as per the provisions of code of criminal procedure as expeditiously as possible within the time stipulation as prescribed by this Honble Court.

Prayer in W.P.(MD) 11532/2017: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a writ of Mandamus, directing the 1st respondent to take steps by giving appropriate communication so as to ensure that the 6th respondent does not leave India and until the disposal of the criminal case arising out of the complaint of the petitioner dated 12.06.2017 on the strength of her representation dated 16.06.2017. For Petitioner : Mr.R.Anand (in both cases) For R1 & R2 : Mr.T.S.Mohammed Mohideen Addl. Govt. Pleader (in both cases) ***** C O M M O N O R D E R The writ petition in W.P.(MD) No.11528 of 2017 has been filed, seeking to direct the 2nd respondent to consider and dispose of the petitioner's complaint dated 12.06.2017 as per the provisions of code of criminal procedure as expeditiously as possible.

The very same petitioner has filed another W.P.(MD) No.11532 of 2017, seeking to direct the 1st respondent to take steps by giving appropriate communication so as to ensure that the 6th respondent does not leave India and until the disposal of the criminal case arising out of the complaint of the petitioner dated 12.06.2017 on the strength of her representation dated 16.06.2017.

2. It is the case of the petitioner that she got married to Muthulakshmanan on 08.06.2017 and at the time of marriage, the bride's family has given a huge jewellery and ornaments, which are in the custody of Muthulakshmanan. After the marriage, it came to light that Muthulakshmanan suffered epilepsy and impotency. According to the petitioner, when they demanded Muthulakshmanan to return the jewels and ornaments, he is refusing to return the same and he is attempting to go abroad. In this regard, the petitioner has given a complaint dated 12.06.2017 to the 2nd respondent, based on which, a petition enquiry is pending in CSR No.224 of 2017. Under such circumstances, the petitioner has filed these two petitions with the above prayer.

3. In the considered opinion of this Court, a direction as prayed for by the petitioner in W.P.(MD) No.11528 of 2017 cannot be issued in the light of the law laid down by this Court in Sugesan Transport Pvt. Ltd. represented by its Director Rajendra Sheth No.7C, Second Canal Cross Road Gandhi Nagar Adyar, Chennai 600 020 vs. The Assistant Commissioner of Police, J-2, Adyar Police Station, Adyar, Chennai 600 020 and another, reported in 2016 (2) CTC 286. However, the respondent police are directed to expeditiously conduct the enquiry and ensure that Muthulakshmanan

does not escape from the clutches of law.

4. With the above direction, these two petitions are closed. No costs.

sd/- Assistant Registrar(RTI) /True copy/ Sub Assistant Registrar To: