M.Karthika v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.11.2024

CORAM:

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR M.Karthika .. Petitioner Vs

1. The Superintendent of Police Madurai District, Madurai

2. The Inspector of Police All Women Police Station Melur, Madurai District .. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to take appropriate action against my husband on the basis of my representation dated 24.10.2024.

For Petitioner : Mr.K.S.Duraipandian For Respondents : Mr.A.Thiruvadikumar No.1& 2 Additional Public Prosecutor

ORDER

This Writ Petition has been filed to direct the respondents to take appropriate action against the husband of the petitioner on the basis of the representation dated 24.10.2024.

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2. The learned counsel appearing for the petitioner submitted that the petitioner has sent a representation on 24.10.2024,but no action has been taken, hence she has filed the present petition. She further submitted that earlier she lodged a complaint on 22.06.2024, CSR No. 382 of 2024 assigned. During the pendency of the enquiry in CSR the counter complainant has filed a petition before this Court for not to harass in Crl.O.P(MD) No. 9709 of 2024 and in the said petition the accused persons are directed to appear before the respondent police to co-operate for enquiry but they have not co-operated for enquiry, hence she has sent the present representation.

3. The learned Additional Public Prosecutor would submit that earlier CSR No. 382 of 2024 after enquiry was closed on 22.07.2024 and thereafter the petitioner has sent the second representation on 24.10.2024 and it has been forwarded to the Social Welfare Officer and posted for enquiry tomorrow. The petitioner as well as the counter petitioner are directed to appear before the Social Welfare Officer for enquiry. Only after report from the Social Welfare Officer further action can be taken 2/5

against the husband of the petitioner depending upon the report. Since the entire case stems out from the matrimonial dispute the report of the Social Welfare Officer is necessary.

4. Considering the fact that already steps have been taken and summons has been sent by the Social Welfare Officer, in view of the same the Social Welfare Officer is directed to conduct enquiry within a period of three weeks from today and to sent a report to the respondent police and the respondent thereafter on the report to take further action.

5. With the above direction, the Writ Petition stands disposed of. No costs.

19.11.2024 Index: Yes/No Internet : Yes/No aav Note: Issue order copy on 20.11.2024 3/5

To

1. The Superintendent of Police Madurai District, Madurai

2. The Inspector of Police All Women Police Station Melur, Madurai District

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

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M.NIRMAL KUMAR, J.

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