Madras High CourtCRL OP(MD)/23482/2015dismissed

S.Jarina Banu v. The Superintendent Of Police

2019-12-04Honourable Mr Justice G.R.Swaminathan2 pages

1 CRL.O.P.(MD)NO.23482 OF 2015 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.12.2019

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.23482 of 2015 and CRL.M.P(MD)No.10469 of 2018 S.Jarina Banu ... Petitioner Vs.

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

2. The Inspector of Police, Velayuthampalayam police station, Karur District.

3. The Inspector of Police, Aravakurichi police station, Karur District.

... Respondents Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to direct the second respondent to recover the articles on the basis of the petitioner's complaint dated 28.04.2015 within the time frame as fixed by this Court.

For Petitioner : Mr.K.Samidurai For Respondents : Mr.A.Robinson, Government Advocate(Crl. Side).

* * *

O R D E R

The petitioner claims to be the tenant of one Sathik Ali. According to her, she was illegally evicted and her articles were also taken away. Hence, she preferred a complaint before the Velayuthampalayam police station, leading to registration of Crime No.92 of 2015. The petitioner wants this Court to direct the second respondent to recover the articles in question based on her complaint dated 28.04.2015.

2. I am afraid that such a direction cannot be issued under Section 482 of Cr.P.C. These are matters that exclusively fall in the domain of investigation. In this case, the case has been investigated and final report has been filed and it was taken on file in C.C.No.120 of 2015 on the file of the Judicial Magistrate, Aravakurichi. Therefore, it is not possible to issue any direction in this criminal original petition.

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2 CRL.O.P.(MD)NO.23482 OF 2015

3. Leaving open all the contentions of the petitioner and with liberty to work out her rights in accordance with law, the criminal original petition stands dismissed. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (crl side) // True Copy // / /2020 Sub Assistant Registrar(CS) pmu To:

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

2. The Inspector of Police, Velayuthampalayam police station, Karur District.

3. The Inspector of Police, Aravakurichi police station, Karur District.

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

+1 CC to Mr.K.SAMIDURAI, Advocate ( SR-103651[F] dated 05/12/2019 ) Crl.O.P.(MD)No.23482 of 2015 04.12.2019 VB(18.02.2020) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/3