1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:24.01.2011 CORAM: THE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAH Crl.O.P.(MD).No.825 of 2011 M.Palaniammal ... Petitioner Vs 1. The Superintendent of Police Ramanathapuram District 2. The Inspector of Police Kilathuval Police Station Ramanathapuram District ... Respondents PRAYER: Petition filed under Section 482 of the Code of Criminal Procedure, to direct the first respondent to instruct the second respondent to register a case on complaint given by the petitioner dated 14.12.2010. For Petitioner : Mr.G.Thiruvarutselvan For Respondents: Mr.L.Murugan Government Advocate (Crl. Side) O R D E R This petition has been filed to direct the first respondent to instruct the second respondent to register a case on complaint given by the petitioner dated 14.12.2010. 2. Heard Mr.G.Thiruvarutselvan, learned counsel appearing for the petitioner and also Mr.L.Murugan, learned Government Advocate (Criminal side) appearing for the State. 3. The gist of the case are as follows: The petitioner preferred a complaint before the second respondent police to take action against the accused persons. But, the second respondent has not registered the case, so far. 4. The learned counsel for the petitioner would submit in his argument that the complaint has been given by the petitioner on 14.12.2010 against the accused, but it was not taken immediately and it was kept pending. He would further submit in his argument that the victim girl has delivered a child in consequence of the offence committed by the accused and therefore, the case may be directed to be registered and the Habeas Corpus Petition was also filed in H.C.P.No. 674 of 2010 by the parents of the petitioner seeking for the production of the petitioner and in the HCP, she had expressed her consent to go with her parents. He would further submit that the offences likely to have been https://hcservices.ecourts.gov.in/hcservices/ 2 made out are under Sections 375, 376, 406, 323, 506(ii) of IPC and Section 4 of Woman Harassment Act. Therefore, it is a fit case for issuing a direction to register the complaint. 5. The learned Government Advocate (Criminal side) would submit in his argument that despite the said complaint has been received from the petitioenr through post, the second respondent police is making preliminary enquiry for registering a case and if any prima case is made out, the said complaint would be registered immediately and the investigation would also be commenced. However, he would submit that if for any reason no prima case made out, it is for the petitioner to proceed in accordance with law and cannot seek a direction of this Court to register the complaint. 6. Considering the submissions made by both sides, this Court could see that the offences said to have been committed against the proposed accused is serious and despite it has been sent through post, the second respondent is hereby directed to register the complaint within a period of three days from the date of receipt of a copy of this order and to proceed with the investigation immediately and to inform the Court about the registration of the complaint by virtue of filing a memo immediately after its registration. Accordingly, this Petition is ordered. vsg Sd/- Assistant Registrar[CO] /True copy/ Sub Assistant Registrar To 1. The Superintendent of Police Ramanathapuram District 2. The Inspector of Police Kilathuval Police Station Ramanathapuram District 3. The Additional Public Prosecutor Madurai Bench of Madras High Court Madurai Crl.O.P.(MD).No.825 of 2011 Dated:24.01.2011 2P/4C RPB 25.01.2011[I.T.] https://hcservices.ecourts.gov.in/hcservices/