Madras High CourtCRL OP(MD)/15882/2019disposed of

Shifani v. The Superintendent Of Police

2019-11-05Honourable Mr Justice G.K. Ilanthiraiyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.11.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and Crl.OP(MD)No.9494 of 2019 Shifani ... Petitioner Vs.

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

2.The Inspector of Police, All Women Police Station, Kanyakumari District, Kanyakumari.

3.The Regional Passport Officer, Airport Authority of India, Perungudi, Madurai.

4.Shiyas Moniraj, (R4 impleaded as per order of this court dated 05.11.2019 in CRL MP (MD)No.9494 of 2019 in CRL OP(MD)No.15882 of 2019) ...

Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondents to issue lookout circular in the name of the petitioner's husband namely Shiyaz Monirah, S/o.Lamelrah bearing Passport Number J0156366.

For Petitioner: Mr.G.Prabhu Rajadurai For R1 & R2 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.Side) For R3 : Mr.V.Malaiyendran Central Government Standing Counsel

ORDER

This petition has been filed to direct the second respondent to issue lookout circular in the name of the petitioner's husband namely Shiyaz Monirah, S/o.Lamelrah bearing Passport Number J0156366.

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2. Heard the learned counsel for the petitioner, learned Government Advocate (Crl.Side) appearing for the respondents 1 & 2 and learned Central Government Standing Counsel appearing for the third respondent.

3. The learned Government Advocate (Crl.Side) appearing for the respondents 1 and 2 would submit that the petitioner got married one Shiyaz Moniraj on 30.11.2017. After a period of one month from the date of marriage, the petitioner's husband went to abroad for job. While being so, the petitioner was harassed by the in-laws on several occasions for additional dowry. Thereafter, she also went to abroad along with her husband. There itself, she was harassed by her husband. As such, she was driven out from matrimonial home. Therefore, she lodged a complaint before the second respondent and it is pending. Even after issuing notice to the petitioner, she never appeared before the second respondent for an enquiry.

4. Considering the above facts and circumstance, the direction sought for by the petitioner cannot be ordered as against the husband of the petitioner. However, the second respondent is directed to conduct enquiry on the complaint lodged by the petitioner as against the family members of her husband. If any cognizance is made out as against her husband or in-laws, the second respondent is directed to register case in accordance with law. It is open to the second respondent to issue lookout circular as against the husband of the petitioner.

5. With the above direction, this Criminal Original Petition is disposed of. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS) Dss To 1.The Superintendent of Police, Kanyakumari District, Kanyakumari.

2.The Inspector of Police, All Women Police Station, Kanyakumari District, Kanyakumari.

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3.The Regional Passport Officer, Airport Authority of India, Perungudi, Madurai.

4.The Additional Public Prosecutor.

Madurai Bench of Madras High Court, Madurai.

+1CC TO MR.G.PABHU RAJADURAI, Advocate Sr. No.96416 +1CC TO MR.V.MALAIYENDRAN, Advocate Sr. No.96257 and Crl.MP(MD)No.9494 of 2019 05.11.2019 DKS(CO) TR(27.11.2019) 3P 7C 3/3