1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.02.2011 CORAM: THE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAH Crl.O.P.(MD).No.2032 of 2011 A.Jerina ... Petitioner Vs. 1. The State represented by The Superintendent of Police Tirunelveli District Tirunelveli 2. The Inspector of Police All Women Police Station Tenkasi Tirunelveli District ... Respondents PRAYER: Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned Judicial Magistrate, Tenkasi, Tirunelveli District to give a direction to the second respondent to register an FIR on the strength of a petition in Cr.M.P.No. 1068 of 2011 pending on the file of the abovesaid learned Judicial Magistrate in view of the breach of protection order passed by the above said Magistrate in M.C.No. 10 of 2010 vide her order dated 29.07.2010. For Petitioner : Mr.R.Anand For Respondents : Mr.L.Murugan Govt. Advocate (Crl. Side) O R D E R This Criminal Original Petition has been filed by the petitioner seeking for a direction to register the complaint for not obeying the order passed by the learned Judicial Magistrate, Tenkasi, Tirunelveli District, in M.C.No. 10 of 2010, dated 29.07.2010, directing the husband of the petitioner to pay a sum of Rs.10,000/- per month and other reliefs for the restoration of the articles as contemplated in the said Petition. 2. Heard Mr.R.Anand, learned counsel appearing for the petitioner and Mr.L.Murugan, learned Government Advocate (Criminal side) appearing for the State. 3. The learned counsel for the petitioner would submit in his argument that the petitioner filed a petition before the learned Judicial Magistrate, Tenkasi in M.C.No.10 of 2010 seeking for certain reliefs and the said Court had passed an order on 29.07.2010 and the said order was challenged by the husband of the petitioner before the learned Additional Sessions Judge, Tirunelveli, by filing a Criminal Revision Petition in Crl.R.C.No. 70 of 2010 and the same was subsequently not pressed by the husband of the petitioner on 16.11.2010 and therefore, the said order passed by the learned Judicial Magistrate, Tenkasi, Tirunelveli District, became final. He would fu rther submit in his argument that the husband of the petitioner had not obeyed the order of the Court by paying the monthly https://hcservices.ecourts.gov.in/hcservices/ 2 maintenance as well as the restoration of the articles mentioned therein and therefore, she had filed a Petition seeking to execute the said order, but, no order was passed by the said Court and hence, he has approached this Court for issuing suitable directions in Crl.O.P.(MD).No. 14519 f 2010 and this Court was also pleased to direct the learned Judicial Magistrate, to act in accordance with the provisions of Sections 20 and 31 of the Protection of Women from Domestic Violence Act, 2005. However, subsequent petition filed by the petitioner before the said Court was kept pending without passing any order either to register the complaint or taking cognizance of the offence. In the said circumstances, the learned Judicial Magistrate ought to have issued a direction to the police to register the complaint, but it was not done so. Therefore, he would request the Court that suitable direction may be issued to register the complaint for the offence committed by the petitioner's husband for not obeying the order passed by this Court under Sections 20 and 31 of the Protection of Women from Domestic Violence Act, 2005. 4. The learned Government Advocate (Criminal Side) would submit in his argument that there is no complaint filed before the second respondent police. However, the petitioner's case may be attracted under Sections 20 and 31 of the Protection of Women from Domestic Violence Act, 2005. He would further submit in his argument that if any complaint is given by the petitioner, it will be pursued and if it is cognizable, the case will be registered immediately and the investigation would be commenced. 5. I have given anxious thoughts to the arguments advanced on either side. 6. There is no dispute that the petitioner has filed a Petition before the learned Judicial Magistrate, Tenkasi, Tirunelveli District, in M.C.No. 10 of 2010, under the provisions of Protection of Women from Domestic Violence Act, 2005 and has got protection order and thereby the said Court has passed an order, dated 29.07.2010, under Section 12 of the said Act, to pay a sum of Rs.10,000/- per month and also to restore the articles as mentioned therein. No doubt, it is true that the said order was questioned by the husband of the petitioner before the learned Additional Sessions Judge, Tirunelveli, in Crl.R.C.No. 70 of 2010, but it was not pressed by him and it was also dismissed accordingly, on 16.11.2010. Therefore, the said order passed by the learned Judicial Magistrate, Tenkasi, Tirunelveli District, in M.C.No. 10 of 2010, became final. According to the submission of the learned counsel appearing for the petitioner that the said order was not obeyed by the petitioner's husband by paying the monthly maintenance and also the articles directed to be restored to the petitioner. It is also brought to the notice of the Court that the petitioner had approached the learned Judicial Magistrate, but no order has been passed by the said Judicial Magistrate. However, this Court has passed an order in Crl.O.P.(MD).No. 14519 of 2010, dated 30.11.2010 directing the petitioner to approach the Lowr Court by fililng necessary petition under Sections 20 and 31 of the Protection of Women from Domestic Violence Act, 2005, for taking further action and to execute the said order. Accordingly, the petitioner has also filed such a petition and it has been complained that it is still pending before the said Court without passing any order. Therefore, the petitioner has approached this Court for further orders in this matter. https://hcservices.ecourts.gov.in/hcservices/ 3 7. Considering the submissions made by the learned counsel for the petitioner that it is the right given to the petitioner under the said order passed by the learned Judicial Magistrate that the petitioner is entitled for a sum of Rs.10,000/- per month towards maintenance as per the order dated 29.07.2010 and also the articles mentioned therein to be restored. As on today, the said order was not complied with by the petitioner's husband, namely, Ameerudeen. The only course open to the petitioner is to approach the learned Judicial Magistrate Court. She has promptly filed a Petition in Cr.M.P.No. 1068 of 2011 and it is pending without passing any orders. Therefore, this Court cannot be a silent spectator for the lower Court passing no orders in favour of the petitioner. Therefore, this Court is inclined to direct the Lower Court to take cognizance of the violation of the order under Rule 15(4) of Protection of Women from Domestic Violence Rules 2006 within on week from the date of receipt of copy of this order. This will not preclude the petitioner from giving a complaint to the police. However, if she wants to give complaint before the police, the petitioner can give a complaint before the second respondent police within a period of one week from the date of receipt of a copy of this order stating all the facts and disobediencce of the order passed by the Court by the petitioner's husband, namley, Ameerudeen after ensuring that she is not pursuing the Petition before the Court and on such presentaton of the complaint, the second respondent is directed to go into the allegations made therein and to register the complaint on appropriate provisions of law and to report before this Court, as per Rule 15(8) of the said Rules. 8. Accordingly, the petitioner is directed to appear before the second respondent and to submit a copy of the complaint within a period of one week from the date of receipt of a copy of this order after ensuring that he is not pursuing the remedy from Court . On such receipt of the complaint from the petitioner, the second respondent is directed to receive the complaint and to go through the facts and register the complaint and report to this Court, within a period of one week thereafter and to investigate further and to proceed the case in accordance with law. Sd/- Assistant Registrar (Crl.side) /True copy/ Sub Assistant Registrar(C.S) To 1.The Judicial Magistrate, Tenkasi, Tirunelveli District. 2.The Superintendent of Police, Tirunelveli District, Tirunelveli 3.The Inspector of Police,All Women Police Station, Tenkasi Tirunelveli District 4.The Additional Public Prosecutor Madurai Bench of the Madras High Court, Madurai 5.The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai vsg Crl.O.P.(MD).No.2032 of 2011 23.02.2011 TR : 16.03.2011 : 3p/6c : IT https://hcservices.ecourts.gov.in/hcservices/