Dismissed

Smt.Maha Lakshmee Hansbanee v. the Superintendent of Police

Madras HC14 Jul 2015CRL OP/13258/2015

Case brief

AI extract

What is this about?

Criminal Original Petition seeking direction to police to register an FIR under Section 482 Cr.P.C. was dismissed. The petition alleged rape and cheating in 1999 but the complaint lacked details like date, place, and hotel name. Police investigation was already closed; the Court found records showed the petitioner gave a statement despite her claim of no enquiry.

What the court decided

AI extract

Smt.Maha Lakshmee Hansbanee Vs the Superintendent of Police — Madras HC (2015) — LawSathi Research

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶2

DATED 14.07.2015

¶3

CORAM

¶4

THE HONOURABLE MR.JUSTICE P.N.PRAKASH

¶5

Crl.OP.No.13258 of 2015

¶6

Maha Lakshmee Hansbanee Mahato ... Petitioner

¶7

Vs
1.The Superintendent of Police,
Sathuvachari,
Vellore District,
Vellore.
2.The Assistant Superintendent of Police,
O/O.The Superintendent of Police,
Sathuvachari,
Vellore District.
3.The Inspector of Police,
Bagayam Police Station,
Vellore District. ... Respondents

¶8

Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the respondents to register a case on the petitioner's complaint dated 16.04.2015.

¶9

For Petitioner : Mr.A.Rajesh Kanna

¶10

For Respondents : Mr.C.Emalias

¶11

Additional Public Prosecutor

¶12

ORDER

¶13

Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondents and perused the materials placed on record.

¶14

2.This petition has been filed for a direction to the respondent police to conduct investigation on the complaint dated 16.04.2015 said to have been given by the petitioner to the police. The petitioner claims to be a Canadian national and that she came as a spiritual tourist to India and got attached to Narayanee Peedam near Vellore.

¶15

https://hcservices.ecourts.gov.in/hcservices/

¶16

3.The complaint states that she went with one Vijayarajan to Mysore and that she had taken up a room in a hotel where the said Vijayarajan had sexually abused her.

¶17

4.The complaint does not disclose the date or the year when the alleged incident took place. The complaint also does not disclose in which hotel they stayed. Even according to the petitioner, this incident had occurred some time ago in the year 1999 and she has given a complaint on 16.04.2015 to the respondent police in Tamil Nadu where the alleged incident did not take place. The complainant further alleged that Vijayarajan had taken lot of money from her and had not returned them.

¶18

5.It is seen from the case records that the Inspector of Police, has conducted enquiry on the complaint given by the petitioner and closed the case on 25.06.2015. The copies of both the closure reports have been furnished to the learned counsel for the petitioner.

¶19

6.The learned counsel for the petitioner asserted that the petitioner was not even enquired by the police. Whereas the records show that the petitioner has given a statement in her own hand writing. Under such circumstances, no positive direction can be given to the police to register an FIR.

¶20

In view of the above, this Criminal Original Petition is dismissed. Sd/Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar mps

¶21

¶22

1.The Superintendent of Police, Sathuvachari, Vellore District, Vellore. 2.The Assistant Superintendent of Police, O/O.The Superintendent of Police, Sathuvachari, Vellore District.

¶23

https://hcservices.ecourts.gov.in/hcservices/

¶24

3.The Inspector of Police, Bagayam Police Station, Vellore District.

¶25

4.The Public Prosecutor, High Court, Chennai.

¶26

+1cc to Mr.Rajesh Kanna, Advocate, S.R.No.35852

¶27

Crl.OP.No.13258 of 2015

¶28

SKV(CO)
CA(23/07/2015)

¶29

https://hcservices.ecourts.gov.in/hcservices/

Smt.Maha Lakshmee Hansbanee v. the Superintendent of Police

Case brief

What is this about?

What the court decided

Smt.Maha Lakshmee Hansbanee v. the Superintendent of Police

Case brief

What is this about?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

T.Geetha Vs the Inspector of Police

P.Usharani Vs the Inspector of Police

C.Ravi Vs the Deputy Commissioner of

V.Hariram Vs the Commissioner of Police

Santha Vs the State Rep. by

M.Rathina Mala Vs the Inspector of Police