1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:13.10.2011 CORAM: THE HONOURABLE MR.JUSTICE S.NAGAMUTHU Criminal Original Petition (MD) No.13662 of 2011 A.L.Elango ... Petitioner Vs 1.The Superintendent of Police, Sivagangai District. 2.The Inspector of Police, All Women Police Station, Karaikudi, Sivagangai District. ... Respondents This petition is preferred under Section 482 Cr.P.C to direct the 2nd respondent police to register a case on the complaint of the petitioner dated 06.09.2011. For Petitioner :Mr.T.A.Ebenezer For Respondents :Mr.P.Kannidevn Govt. Advocate(Crl.Side) ORDER Seeking a direction to the 2nd respondent police to register a case on the complaint of the petitioner dated 06.09.2011, the petitioner has come up with the present petition. 2.It is submitted by the learned counsel for the petitioner that the petitioner's daughter aged about 23 years was abducted by the proposed accused. Though the complaint has been given on 06.09.2011, the girl has not yet been secured and the respondent police has not taken any steps to register a case. 3.The learned Government Advocate (Crl.Side) submitted that the second respondent has received a letter from the daughter of the petitioner along with photographs, wherein, it is stated that the she was not abducted and she already married another person. Based on the same, the said complaint was closed. 4.When a specific query was made to the learned Government Advocate (Crl.Side) as to how the authenticity of the letter is ensured and as to whether the photographs were taken, voluntarily or not, he is not able to answer. Therefore, it is not known whether the girl went on her own accord or by force. These are the matters to be investigated. If the girl appears before the police and makes a statement that she was not abducted and she is living elsewhere, that is a different case and that there cannot be any action to register a case. But without ascertaining the case, the respondent has acted only on the letter. Hence, the second respondent is directed to reopen the complaint and register a case and investigate. The Investigating Authority, under the guise of the investigation, the victim girl should not harass the victim. During the course of investigation, the https://hcservices.ecourts.gov.in/hcservices/ 2 second respondent shall ascertain from her by recording a statement as to whether she went on her own accord or she was forced, thereby making out an offence. 6.With these observations, this petition is allowed with a direction to the second respondent to reopen the matter and to proceed with the same in accordance with law. Sd/- Assistant Registrar(T & P) /True copy/ Sub Assistant Registrar(CS) To 1.The Superintendent of Prison, Sivagangai District. 2.The Inspector of Police, All Women Police Station, Karaikudi, Sivagangai District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s T.A.Ebenezer, Advocate, Sr.No.35659 vs Crl.O.P.(md).No.13662 of 2011 13.10.2011 TR : 03.11.2011 : 2p/5c https://hcservices.ecourts.gov.in/hcservices/