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2023 Supreme(Online)(Mad) 90923
MADRAS HIGH COURT
K.MAHALAKSHMI – Appellant
Versus
STATE REP.BY – Respondent
CRL OP/222/2023
The police are obligated to register an FIR and investigate a complaint if the complaint discloses the commission of a cognizable offence.
Headnote:
CRIMINAL PROCEDURE CODE - SECTION 482 - COMPLAINT - REGISTRATION OF FIR - MATRIMONIAL DISPUTE - COMPLAINT LODGED BY WIFE AGAINST HUSBAND AND IN-LAWS - NO ACTION TAKEN BY POLICE - PETITION FILED UNDER SECTION 482 OF CR.P.C. - COURT DIRECTED POLICE TO CONDUCT ENQUIRY AND TAKE ACTION BASED ON ENQUIRY REPORT.
Fact of the Case:
The petitioner, a woman, filed a complaint against her husband and in-laws due to a matrimonial dispute. However, the police did not take any action on the complaint. The petitioner then filed a petition under Section 482 of the Code of Criminal Procedure (Cr.P.C.) seeking a direction to the police to register an FIR and investigate the matter.
Finding of the Court:
The court noted that the police had conducted an enquiry into the complaint but the petitioner and her husband did not appear before the District Welfare Officer for further enquiry. The court directed the petitioner to appear before the District Welfare Officer for enquiry and directed the police to take further action based on the enquiry report.
Issues: Whether the police were justified in not registering an FIR and investigating the complaint lodged by the petitioner.
Ratio Decidendi: The court held that the police were not justified in not registering an FIR and investigating the complaint lodged by the petitioner. The court noted that the police had conducted an enquiry into the complaint but the petitioner and her husband did not appear before the District Welfare Officer for further enquiry. The court directed the petitioner to appear before the District Welfare Officer for enquiry and directed the police to take further action based on the enquiry report.
Final Decision: The court disposed of the petition with directions to the police to conduct an enquiry and take action based on the enquiry report.
Crl.O.P.No.222 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.01.2023
CORAM
THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN
Crl.O.P.No.222 of 2023
K.Mahalakshmi
... Petitioner
Vs.
State rep by
The Inspector of Police,
W.6., All Women Police Station,
Secretary Colony,
Kilpauk, Chennai 600 010.
... Respondents
PRAYER
: This Criminal Original Petition filed under Section 482 of Cr.P.C.,
to direct the respondent i.e., The Inspector of Police, W-6 All Women Police
Station, Ayanavaram, Chennai, to register the case pertaining to my complaint
dated 20.03.2019 in CSR.No.56 of 2019 pending investigation on the file of the
respondent police.
For Petitioner : Mr.S.Vijaya Mahendran
For Respondents : Mr.S.Santhosh,
Government Advocate (crl.side)
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Crl.O.P.No.222 of 2023
ORDER
This Criminal Original Petition has been filed to direct the respondent
to register the case pertaining to the petitioner's complaint dated 20.03.2019 in
CSR.No.56 of 2019 pending investigation on the file of the respondent police.
2. The learned counsel appearing for the petitioner submitted that due
to matrimonial dispute, the petitioner lodged a complaint against her husband
and in-laws, however, no action has been taken on the said complaint. Hence,
the present petition has been filed.
3. The learned Government Advocate (Criminal side) submitted that
on the basis of the complaint given by the petitioner, the enquiry was conducted
and the same is pending and the matter was referred to the District Welfare
Officer, Chennai for enquiry.
4. However, it is informed that neither the petitioner nor her husband
appeared before the District Welfare Officer, Chennai for enquiry. If they
appear before the District Welfare Officer, Chennai, further enquiry will be
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Crl.O.P.No.222 of 2023
conducted and on the basis of the enquiry report, action will be taken on the
said complaint.
5. Heard the learned counsel for the petitioner and the learned
Government Advocate (crl.side) for the respondent.
6. In the light of the submissions made by the learned Government
Advocate (Criminal side), the petitioner is directed to appear before the
concerned District Welfare Officer for enquiry. After the completion of
enquiry, necessary report shall be filed by the District Welfare Officer and
based on the said report, further legal action shall be taken by the respondent
police in accordance with law. A copy of this order shall be marked to the
District Welfare Officer.
7. With the above directions, this Criminal Original Petition is
disposed of.
06.01.2023
nsa
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Crl.O.P.No.222 of 2023
To
1.The Inspector of Police,
W.6., All Women Police Station,
Secretary Colony,
Kilpauk, Chennai 600 010.
2.The Public Prosecutor,
High Court of Madras.
Copy to:
The District Welfare Officer,
Singaravelan Maligai,
Collector Office, VIII Floor,
Chennai 600 001.
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G.CHANDRASEKHARAN
,J.
nsa
Crl.O.P.No.222 of 2023
06.01.2023
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