Disposed

T.Aruna v. Lokesh Kanna

Madras HC27 Nov 2018CRL OP/27531/2018

Case brief

AI extract

What is this about?

In a Criminal Original Petition under Section 482 Cr.P.C., the Court directed the Woman Protection Officer to file a domestic incident report and forward the petitioner's complaint to the Judicial Magistrate within two weeks, ensuring further legal action.

What did the court decide?

Direction to the 2nd respondent to file a domestic incident report and forward the complaint to the Judicial Magistrate within two weeks.

T.Aruna Vs Lokesh Kanna — Domestic Violence | Madras HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 27.11.2018

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CORAM :

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THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH

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Crl.O.P.No.27531 of 2018

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T.Aruna .. Petitioner

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Lokesh Kanna
2. The Woman Protection Officer
No.43, 2 nd Street,
Gandhi Road, Sevilimedu,
Kanchipuram – 631 501. .. Respondents

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Criminal Original Petition filed under Section 482 Cr.P.C. to directing the 2^nd respondent to forward the complaint of DVA/549/A5/2018 dated 30.04.2018 to the Judicial Magistrate – I Chengalpattu for further action.

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For Petitioner : Mr.Perumbulavil Radhakrishnan For R2 : Mr.M.Mohamed Riyaz Additional Public Prosecutor O R D E R

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This petition has been filed for a direction to the 2^nd respondent who is the Protection Officer to forward the complaint that was given by the petitioner to the concerned Judicial Magistrate Court for further action.

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The petitioner filed a complaint under the Domestic Violence Act on 14.03.2018 before the 2^nd respondent. The 2^nd respondent took the complaint on file and also sent notice to the 1^st respondent/husband and his parents and relatives. An enquiry was conducted by the 2^nd respondent and certain gold jewelery, silver articles and other items were handed over at the time of enquiry.

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The grievance of the petitioner is that the 2^nd respondent ought to have submitted the report before the concerned Magistrate under Section 9 of the Protection of Women from Domestic Violence Act, 2005, in order to workout the remedy of the petitioner before the concerned Court. However, till

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

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date no such report has been filed by the 2^nd respondent and therefore there is absolutely no progress in the complaint given by the petitioner.

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In the facts and circumstances of the case, there shall be a direction to the 2^nd respondent to make a domestic incident report and forward the complaint in DVA/549/A5/2018 dated 30.04.2018 to the Judicial Magistrate No.I, Chengalpattu within a period of two weeks from the date of receipt of a copy of this order. Upon such forwarding report on the complaint, it is left open to the petitioner to workout her remedy before the concerned Court in accordance with law.

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In view of the above direction, this Criminal Original
Petition is disposed of.
-s/d-
Deputy Registrar
True Copy
Sub-Assistant Registrar
ssr/ub
To
1. The Judicial Magistrate-I,
Chengalpattu.
2. The Woman Protection Officer,
No.43, 2 nd Street,
Gandhi Road, Sevilimedu,
Kanchipuram – 631 501.
3. The Public Prosecutor,
High Court, Madras.
+1cc to Perumbulavil Radhakrishnan, Advocate Sr.80718
Crl.O.P.No.27531 of 2018
srg 30/11/2018

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

T.Aruna v. Lokesh Kanna

Case brief

What is this about?

What did the court decide?

T.Aruna v. Lokesh Kanna

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

Parties & counsel

Coram

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