Tamilarasi.R v. The Commissioner Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.01.2021 CORAM :

THE HONOURABLE Mrs. JUSTICE R. HEMALATHA R.Tamilarasi ... Petitioner Vs.

1.The Commissioner of Police, City Police Office, Pudukkottai Main Road, Subramaniapuram, Trichy - 620 020.

2.The Assistant Commissioner of Police, Fort Range, Gandhimarker Police Station Campus, Trichy.

3.The Inspector of Police, Trichy.

4.The Sub Inspector of Police, Trichy.

... Respondents PRAYER:- Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, to direct the respondents 2 and 3 to consider the petitioner's representation dated 12.11.2020 and act upon the same under criminal law within the time limit fixed by this Court.

For Petitioner : Mr.V.Nirmal Kumar For Respondents : Mr.R.Saravana Kumar Government Advocate (Crl. Side)

ORDER

By consent, this writ petition is taken up for final disposal at the stage of admission itself.

2.The main grievance of the petitioner is that on 01.11.2020, when she was standing in front of her house, one Kathirvel, drove his Bajaj Auto in a menacing manner posing a threat to her life by attempting to hit her with the Auto. This was questioned by the petitioner, leading to verbal duel and the said Kathirvel, stabbed the petitioner and her daughter, causing injuries. So the petitioner lodged a complaint with the third respondent on 01.11.2020, but so far, no action was taken by him. 1/3

3.Mr.R.Saravana Kumar, learned Government Advocate (Crl. Side), who takes notice for the respondents, would submit that the complaint, dated 01.11.2020, given by the petitioner, was registered in CSR No.563/2020, dated 02.11.2020 and though repeated summons were issued to the petitioner, the petitioner did not appear before the respondent police.

4.At this juncture, Mr.V.Nirmal Kumar, learned counsel for the petitioner contended that the petitioner is still taking treatment in ESI hospital and therefore, she is not in a position to appear before the concerned Police.

5.Considering the submissions made by the petitioner, the fourth respondent is directed to go over to the concerned hospital and take a statement of the petitioner in accordance with law as expeditiously as possible.

6.With the above observation, the Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar () // True Copy // / /2021 Sub Assistant Registrar(CS) rm 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 Commissioner of Police, City Police Office, Pudukkottai Main Road, Subramaniapuram, Trichy - 620 020.

2.The Assistant Commissioner of Police, Fort Range, Gandhimarker Police Station Campus, Trichy.

3.The Inspector of Police, Trichy.

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4.The Sub Inspector of Police, Trichy 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

07.01.2021 VR(CO) KB(21.01.2021) 3P 6C 3/3