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Madras High CourtCRL OP(MD)/12393/2022disposed of

S.Priya v. The Commissioner Of Police

2022-07-11Honourable Mr Justice V.Sivagnanam6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.07.2022

CORAM

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM Crl.O.P(MD)No.12393 of 2022 S.Priya ... Petitioner Vs.

1.The Commissioner of Police, Office of the Commissioner of Police, 2.The Assistant Commissioner of Police, Office of the Assistant Commissioner of Police, Thideer Nagar Sub Division, 3.The Inspector of Police, 4.The Sub Inspector of Police, 5.Boominathan The Inspector of Police, 1/6

6.Perarasi The Sub Inspector of Police,

...Respondents

Prayer : Criminal Original Petition is filed under Section 482 Cr.P.C directing the first respondent to take appropriate action against the fifth and sixth respondents by considering the representation of the petitioner dated 14.06.2022 in accordance with law within the time stipulated by this Court. For Petitioner : Mr.R.Alagumani For Respondents : Mr.R.Suresh Kumar, Government Advocate (Criminal Side).

ORDER

This Criminal Original Petition has been filed to direct the first respondent to take appropriate action against the fifth and sixth respondents by considering the representation of the petitioner dated 14.06.2022 in accordance with law.

2. The facts of the case are that there was a dispute between the petitioner and the accused persons with regard to the garbage which was found in the 2/6

vacant plot of the petitioner. The accused persons, namely, Dandeeswaran, Muthu, Reena and Bama who are residing nearby the vacant plot of the petitioner, spoiled her plot. When the petitioner's mother questioned about it, the above said persons assaulted the petitioner and her family members and threatened to kill them. Thereafter, the above said persons preferred a complaint against the petitioner and an F.I.R has been registered against the petitioner in Crime No.898 of 2022 for offences under Sections 147, 294(b), 323, 355, 427 I.P.C. Thereafter, the petitioner's mother preferred a complaint against the above said persons and FIR was registered in Crime No.899 of 2022 for offences under Sections 294(b), 323, 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002.

Based on the false complaint filed by the accused persons and without conducting any proper enquiry, a case has been registered by the respondent Police against the petitioner. The petitioner, being an Advocate who is practising before the Madurai Bench of Madras High Court, is living with her daughter in her mother's house, since her husband, who was also an advocate, had passed away in a road accident. The petitioner sent a detailed representation dated 14.06.2022 to the respondent Police to take appropriate action against the accused persons. Since, no action was taken, the present Criminal Original Petition has been filed.

3. The learned Government Advocate (Criminal Side) appearing for the respondents submitted that a case and counter case has been registered and having received the said representation, the enquiry is under progress for both the cases.

4. By recording the submission of the learned Government Advocate (Criminal Side), this Court directs the third respondent to conduct an enquiry with regard to the case and counter case and take suitable action on merits by considering the petitioner's representation dated 14.06.2022 within a period of three (3) weeks from the date of receipt of a copy of this order.

5. With the above direction, this Criminal Original Petition is disposed of.

11.07.2022 Index : Yes / No Internet : Yes/ No Nsr 4/6

To 1.The Commissioner of Police, Office of the Commissioner of Police, 2.The Assistant Commissioner of Police, Office of the Assistant Commissioner of Police, Thideer Nagar Sub Division, 3.The Inspector of Police, 4.The Sub Inspector of Police, 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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V.SIVAGNANAM, J.

Nsr Crl.O.P(MD)No.12393 of 2022 11.07.2022 6/6