B.Sindhunaga v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 22.07.2024

CORAM

THE HON`BLE MR.JUSTICE B.PUGALENDHI CRL OP(MD). No.10993 of 2024 B.Sindhunaga ... Petitioner Vs

1. The Superintendent of Police, Karur District, Karur.

2. The Inspector of Police, Aravakuruchi Police Station, Karur District, Karur.

... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the 2nd Respondent to comply the order of the District Munsif Cum Judicial Magistrate, Aravakuruchi, Karur order passed in Crl.M.P.383 of 2024 dated 27.06.2024 and consequentially direct the 2nd respondent to register the FIR. For Petitioner : Mr.Mohamed Azharudeen Sharof For R-1 & R-2 : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor 1/5

O R D E R

This criminal original petition has been filed seeking a direction as against the 2nd respondent to comply the order of the District Munsif Cum Judicial Magistrate, Aravakuruchi, Karur, passed in Crl.M.P.383 of 2024 dated 27.06.2024.

2. The learned Counsel for the petitioner submits that the petitioner has lodged a complaint before the respondent police and the same was not considered by them. Therefore, the petitioner has lodged a complaint before the learned District Munsif Cum Judicial Magistrate, Aravakuruchi, Karur, in Crl.M.P.383 of 2024 and the same was forwarded by the learned District Munsif Cum Judicial Magistrate, Aravakuruchi, Karur, to the respondent police for an enquiry under Section 156(3) of Cr.P.C on 27.06.2024. Even after the reference made by the learned District Munsif Cum Judicial Magistrate, Aravakuruchi, Karur, the respondents have not registered the case.

3. The learned Additional Public Prosecutor submits that there is dispute between the petitioner and her in-laws. Though learned District 2/5

Munsif Cum Judicial Magistrate, Aravakuruchi, Karur, referred the complaint for an enquiry by order dated 27.06.2024, the same was forwarded to the respondent police only on 06.07.2024. Further, he referred to the endorsement made in the orders by the learned District Munsif Cum Judicial Magistrate, Aravakuruchi, Karur, on 27.06.2024 that the learned Judicial Magistrate itself had suggested to conduct a petition enquiry and to conclude the petition enquiry within a period of four weeks. Since the complaint was forwarded only on 06.07.2024, the respondent police are conducting a petition enquiry and they will conclude the enquiry with a period of one month.

4. Recording the submission of the learned Additional Public Prosecutor, this Criminal Original Petition is closed. The respondent police is expected to conduct a fair and proper enquiry and the Station Officer shall ensure that proper enquiry has been conducted. 22.07.2024 NCC : Yes/No Index : Yes/No Internet:Yes jbr 3/5

To

1. The Superintendent of Police, Karur District, Karur.

2. The Inspector of Police, Aravakuruchi Police Station, Karur District, Karur.

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

4/5

B.PUGALENDHI,J jbr Order made in Crl.O.P.(MD)No.10993 of 2024 22.07.2024 5/5