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Madras High CourtWP(MD)/19669/2021dismissed

Priya.S v. The Commissioner Of Police

2022-03-29Honourable Mr Justice G.K. Ilanthiraiyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:29.03.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and WMP(MD)No.16338 of 2021 S.Priya ... Petitioner Vs

1. The Commissioner of Police, Office of the Commissioner of Police, Madurai.

2. The Assistant Commissioner of Police (Law and Order), Thalakulam, Madurai.

3. The State through the Inspector of Police, Thallakulam All Women Police Station, Madurai.

4. Jacob

5. Esther Jacob *R4 & R5 are Suo-motu impleaded as per order of this Court dated 01.11.2021

...Respondents

PRAYER :- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the Respondents to take appropriate action by considering the petitioner's representation dated 13.09.2021, in accordance with law within the time stipulate by this Court.

For Petitioner : Mr.R.Alagumani For Respondents : Mr.K.Sanjai Gandhi Government Advocate (Criminal Side) for R1 to R3 : Mr. Y.Jacob for R4 P-in-person : Mr.R.Venkateshwaran for R5 1/3

O R D E R

This Writ Petition has been filed to issue a Writ of Mandamus, to direct the Respondents to take appropriate action by considering the petitioner's representation dated 13.09.2021, in accordance with law within the time stipulate by this Court.

2.The learned counsel appearing for the fourth and fifth respondents submitted that the petitioner's son died without their knowledge. Even from the date of marriage, they are living separately and not even a single day, the petitioner lived in the respondents' house. While that being so, on 17.03.2017, their son died and subsequently the petitioner lodged a false complaint. 3.The learned Government Advocate (Crl.Side) submitted that the complaint lodged by the petitioner was duly enquired and the same was closed. That apart, the petitioner filed a petition under Domestic Violence Act in D.V.O.P.No.31 of 2020 and the same is pending before the learned Additional Mahila Judge, Madurai for trial.

4.In view of the above, this Writ Petition is devoid of merits. Therefore, this Writ Petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CS II) // True Copy // / /2022 Sub Assistant Registrar(CS) PNM 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.

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TO

1. The Commissioner of Police, Office of the Commissioner of Police, Madurai.

2. The Assistant Commissioner of Police (Law and Order), Thalakulam, Madurai.

3. The Inspector of Police, Thallakulam All Women Police Station, Madurai.

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

+2 CC to M/s.Y.JACOB, Advocate ( SR-15163[F] dated 29/03/2022 )

ORDER

IN WP(MD) No.19669 of 2021 Date : 29.03.2022 PA(11.04.2022) 3P 7C 3/3