Govindammal vs The Superintendent Of Police on 5 October, 2015

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Madras High Court

Govindammal vs The Superintendent Of Police on 5 October, 2015

Bench: S.Vimala

        

 

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT               

DATED : 05.10.2015  

CORAM   
THE HONOURABLE MRS.JUSTICE S.VIMALA           
                                                                        
Crl.O.P.(MD)No.19054 of 2015 

Govindammal                                             :  Petitioner

                                                Vs.

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

2.The Inspector of Police,
   5ll Women Police Station,
   Rameswaram,  
   Ramanathapuram District.                             : Respondents 

        Petition filed under Section 482 of Code of Criminal Procedure to
direct the respondents to register a case on the basis of the complaint
lodged by the petitioner dated 29.08.2015.

!For Petitioner         : Mr.K.Kulanthai Vikram

For Respondents : Mr.P.Kandasamy,          
                          Government Advocate (Crl.Side)

:ORDER

This petition has been filed seeking a direction to the respondents to register a case, based upon the complaint lodged by the petitioner dated 29.08.2015.

2. The petitioner has given a complaint stating that she is doing fish business along with one Naveentha Krishnan Pattinam Kathan and the said person asked her a sum of Rs.3 Lakhs to buy a van for their business purpose; but, instead of purchasing the van in her name, the said person purchased the van in the name of his sister; on 12.04.2015 also, he demanded a sum of Rs.4 Lakhs as loan. Believing his words, the petitioner gave the said amount to him; further, on 09.01.2015, the petitioner gave another sum of Rs.50,000/- to him, for the purpose of taking F.C., to the van; when she asked him to repay the amount given, he abused her with filthy language and also threatened her with dire consequences and hence, she preferred a complaint.

3. According to the learned Government Advocate (Crl.Side), petition enquiry is pending.

4.As per the judgment of the Hon'ble Supreme Court in Lalita Kumari vs. Govt. of U.P. & others [2013 (4) Crimes 243 (SC)], the respondent concerned may conduct a preliminary enquiry which shall not extend beyond a period of ten days from the date of receipt of a copy of this order. In conducting the preliminary enquiry, they shall put the concerned parties upon notice and follow the dictum laid down in D.K.Basu Vs. State of West Bengal reported in AIR (1997) SC 610. At the end of the enquiry, if any cognizable offence is made out, the concerned respondent shall register a case. In the event of effecting closure of the case upon conducting a petition enquiry, intimation regarding closure shall be sent to the complainant. It is open to the petitioner to approach the concerned Judicial Magistrate in accordance with law, if she is aggrieved.

5. The Criminal Original Petition is disposed of accordingly.

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

2.The Inspector of Police, 5ll Women Police Station, Rameswaram, Ramanathapuram District.

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

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