Madras High CourtCRL OP(MD)/14305/2022disposed of

S.Muthulakshmi v. The Superintendent Of Police

2024-02-23Honourable Mr Justice M.Dhandapani4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.(MD) No.14305 of 2022 S.Muthulakshmi ... Petitioner Vs.

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

2.The Inspector of Police, Kadaiyanallur Police Station, Tenkasi District. ...Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the second respondent to register a case as per the order of the learned Judicial Magistrate, Tenkasi, in Cr.M.P.No.2941 of 2021 dated 15.09.2021.

For petitioner : No appearance For Respondents : Mr.S.Manikandan Government Advocate (Crl.side) O RDER This Criminal Original Petition has been filed to direct the second respondent to register a case as per the order of the learned Judicial Magistrate, Tenkasi, in Cr.M.P.No.2941 of 2021 dated 15.09.2021. 1/4

2. The case of the prosecution is that on 10.07.2021, the petitioner and her husband went to see their property situated in S.No.849/1, Melakadaiyanallur Village, Kadaiyanallur Taluk, Tenkasi District. During that time, the petitioner and her husband were assaulted by 10 members along with one Kajamydeen and Sardar and they have abused the petitioner and her husband in filthy language and threatened them with dire consequences. In this regard, the petitioner has given complaints to the respondents Police, however, the respondents Police have not taken any steps to register the FIR against the accused persons. Therefore, the petitioner has filed a complaint under Section 156(3) Cr.P.C before the learned Judicial Magistrate, Tenkasi in Cr.M.P.No.2941 of 2021 and the learned Judicial Magistrate, Tenkasi, vide order dated 15.09.2021, directed the second respondent Police to register the FIR and send the same to the Court on or before 22.09.2021. However, till date, the second respondent has not taken any effective steps to register the FIR. Hence, this Petition has been filed.

3. When the matter is taken up for hearing today, there is no representation for the petitioner.

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4. In view of the limited relief sought for by the petitioner in this petition, this Court directs the second respondent Police to implement the order dated 15.09.2021 passed by the learned Judicial Magistrate, Tenkasi, in Cr.M.P.No.2941 of 2021, within a period of four weeks from the date of receipt of a copy of this order, if not implemented.

5. Accordingly, this Criminal Original Petition is disposed of. 23.02.2024 Index : Yes/No Internet : Yes/No ssb To 1.The Superintendent of Police, Tenkasi District, Tenkasi.

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

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

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M.DHANDAPANI. J.

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