Allowed

Zeenath Nisha v. the Additional Superintendent

Madras HC24 Apr 2017CRL OP(MD)/4079/2017

Case brief

AI extract

What is this about?

In a special criminal proceeding filed under Section 482 CrPC, the petitioner sought directions to the police to arrest an accused and file a final report. The Court directed the respondent police to file a final report within four months and to arrest the accused if necessary.

What did the court decide?

Direction to file a final report within four months and to arrest the accused A4 if necessary.

Zeenath Nisha Vs the Additional Superintendent — Criminal Trial and Appeal | Madras HC (2017)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 24.04.2017

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CORAM:

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THE HONOURABLE MR.JUSTICE A.M.BASHEER AHAMED

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Crl.O.P.(MD) No.4079 of 2017

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Zeenath Nisha ... Petitioner

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Vs.

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The Additional Superintendent of Police, O/o Additional Superintendent of Police, Vigilance and Anticorruption Wing, Tamil PalkalaiKalgam, Thanjavur – 10. ... Respondent

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PRAYER: The Petition is filed under Section 482 of Criminal Procedure Code praying to direct the respondent to secure the absconding accused persons in Crime No.9 of 2016 on the file of the respondent in accordance with law and further direct them to file a final report before the learned Chief Judicial Magistrate and Special Judge, Tanjavur at Kumbakonam.

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For Petitioner : Mr.S.A.S.Alaudeen

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For Respondent : Mr.P.Kandasamy Government Advocate (Crl.side)

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O R D E R

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This Criminal Original Petition is filed for a direction to the respondent to secure the absconding accused persons in Crime No.9 of 2016 on the file of the respondent in accordance with law and further direct them to file a final report before the learned Chief Judicial Magistrate and Special Judge, Tanjavur at Kumbakonam.

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The learned counsel for the petitioner states that the case was registered on 12.07.2016 in Crime No.9 of 2016 against four accused, based on the complaint lodged by the petitioner's husband https://hcservices.ecourts.gov.in/hcservices/ S.M.Ashraf Ali regarding the property related to T.S.No.49 in Pudupattinam Village at Tanjore and the complainant also died on 05.07.2015 and A4 in this case threatened the petitioner to

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withdraw the complaint and to give the statement before the respondent as if she has not owned any lands as stated in the petitioner husband's complaint and subsequently, A4 trespassed into the land and creating problem against the petitioner, since the petitioner having 7 years male child. It is further stated that A4 is continuously threatening the petitioner and if A4 is not arrested by the respondent, the petitioner cannot made justice in this case and there is no progress after registration of the case.

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The learned Government Advocate (Crl.side) states that there are 20 witnesses were examined and 27 documents have been collected and the case is under investigation and the final report of the case will be filed as early as possible. The F.I.R. was registered for the offences under Sections 120(B), 466, 467, 468, 471 of I.P.C., and Section 13(1)(d) r/w. 13(2) of P.C., Act. A1 and A2 are the revenue officials and A3 is the Sub Registrar in this case.

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Considering the above facts and circumstances of the case and also the nature of offences registered in the F.I.R. and the status report filed by the respondent herein, this Court is inclined to direct the respondent to file a final report preferably, within four months from the date of passing the order and take steps to arrest A4, if necessary.

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This Criminal Original Petition is ordered accordingly.

Sd/-

Assistant Registrar

/True Copy/

Sub-Assistant Registrar

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1.The Chief Judicial Magistrate and Special Judge, Tanjavur at Kumbakonam.

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2.The Additional Superintendent of Police, O/o Additional Superintendent of Police,

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Vigilance and Anticorruption Wing,Tamil PalkalaiKalgam, Thanjavur – 10.

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3.The Additional Public Prosecutor,

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Madurai Bench of Madras High Court, Madurai

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+One cc to Mr.S.A.S.Alaudeen, Advocate, SR.No.53581 akv

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RL/5C/2P/MR/8.5.2017

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Crl. O.P.(MD) No.4079 of 2017

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

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24.04.2017

Zeenath Nisha v. the Additional Superintendent

Case brief

What is this about?

What did the court decide?

Zeenath Nisha v. the Additional Superintendent

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

Parties & counsel

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