Madras High CourtWP(MD)/17321/2020disposed of

S. Renuga v. The Superintendent Of Police

2020-12-02Honourable Mrs Justice J. Nisha Banu2 pages

W.P(MD)No.17321 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.12.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU W.P(MD)No.17321 of 2020 S.Renuga ... Petitioner vs.

1.The Superintendent of Police, Office of the Superintendent of Police, Tenkasi.

2.The Inspector of Police, Kuruvikulam Police Station, Tenkasi District.

... Respondents PRAYER :Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of Mandamus, directing the 2nd respondent to register a complaint dated 30.09.2020 and consider the petitioner's representation dated 10.11.2020. For Petitioner : Mr.S.Sivakumar For Respondents : Mr.R.Srinivasan (Government Advocate)

O R D E R

This Writ Petition has been filed to direct the second respondent to register a complaint dated 30.09.2020 and consider the petitioner's representation dated 10.11.2020. 2.The petitioner had given a complaint dated 30.09.2020 stating that she was assaulted by one Tirupathi, P.Sumathi and P.Velammal and the said Tirupathi is stated to be the brother of the petitioner and therefore, the petitioner had lodged the complaint on 30.09.2020 and as no action was taken, she has sent a representation on 10.11.2020 but no action has been taken and therefore, the petitioner is before this Court to register the complaint dated 30.09.2020 by considering her representation dated 10.11.2020. 3.The learned Government Advocate (Crl.Side) appearing for the respondents would state that complaint of the petitioner is still pending.

4.Perusal of record shows that the petitioner has not impleaded the said Tirupathi, P.Sumathi and P.Velammal as respondents in this petition.

Considering the facts and circumstances of the case, the 2nd respondent shall dispose of the representation of the petitioner dated 10.11.2020 after giving https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.17321 of 2020 opportunity to the accused persons by following the guidelines laid down by the Hon'ble Apex Court in D.K.Basu vs. State of West Bengal reported in AIR (1997) SC 610 and thereafter if necessary, take action on the complaint of the petitioner. The said exercise shall be completed within a period of four weeks from the date of receipt of a copy of this order.

With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (AD-II) // True Copy // / /2020 Sub Assistant Registrar(CS) bala/das 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, Office of the Superintendent of Police, Tenkasi.

2.The Inspector of Police, Kuruvikulam Police Station, Tenkasi District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to Mr.S.SIVA KUMAR, Advocate ( SR-23784[F] dated 03/12/2020 ) ORDER MADE IN W.P(MD)No.17321 of 2020 DATED : 02.12.2020 VB (18.12.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2