Disposed

M.Arifa Banu v. the Commissioner of Police

Madras HC25 Jan 2022CRL OP/1277/2022

Case brief

AI extract

What is this about?

The Single Judge disposed of a Criminal Original Petition filed under Section 482 CrPC seeking an FIR. The court permitted the petitioner to lodge a fresh complaint if future disturbances occur, rather than directing immediate investigation.

What did the court decide?

The petitioner is at liberty to lodge a fresh complaint and obtain appropriate remedy in accordance with law if any further disturbance is given by the counter complainant.

M.Arifa Banu Vs the Commissioner of Police — Criminal Trial and Appeal | Madras HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 25.01.2022

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CORAM:

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THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

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CRL.O.P.NO.1277 OF 2022

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M.Arifa Banu, D/o.A.Munavar Ahamed, ...Petitioner

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Versus

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The Commissioner of Police, E.V.K.Sampath Salai, Veppery, Chennai – 600 007.

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The Assistant Commissioner of Police, MKB Nagar Range, MKB Nagar, Chennai.

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The Inspector of Police, All Women Police Station - MKB Nagar, MKB Nagar, Chennai. ... Respondents

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PRAYER:

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Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, pleased to direct the 3^rd respondent police to register FIR on the basis of the complaint given by the Petitioner dated 29.09.2021 and investigate the mater in accordance with law.

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For Petitioner : M/s.M.Mohamed Riyas For Respondents : Mr.E.Raj Thilak Additional Public Prosecutor

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

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ORDER

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(The case has been heard through video conferencing)

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This petition has been filed to direct the 3^rd respondent police to register FIR on the basis of the complaint given by the Petitioner dated 29.09.2021 and investigate the matter in accordance with law.

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2.The petitioner lodged a complaint to the respondent police on 29.09.2021 and C.S.R.No.252 of 2021 assigned. Thereafter, no proper enquiry conducted.

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3.Learned Public Prosecutor submitted that on the compliant of the petitioner, the counter complainant viz. Rasool Khan was called for enquiry, at that time Rasool Khan informed that there is no male member in the petitioner's family and that he was helping them. Thereafter, they became friendly and the said Rasool Khan was regularly visiting their house and proposal was made to marry her daughter later he came to know that the girl is a minor girl and after attaining majority he would conduct the marriage and he had given further undertaking that he would not disturb the petitioner and her daughter, which was agreeable to the petitioner and both consent letters obtained and enquiry was closed on 02.10.2021.

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4.The contention of the petitioner is that further to the undertaking, the counter complainant viz. Rasool Khan is still giving disturbance to the petitioner and to her daughter.

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5.In view of the same, if any further disturbance is given to the petitioner and her minor daughter by said Rasool Khan, the petitioner is at liberty to lodge a fresh complaint and obtain appropriate remedy in accordance with law.

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This Criminal Original Petition is disposed of accordingly.

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Sd/Assistant Registrar(CS IV)

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//True Copy//

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Sub Assistant Registrar

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kas

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

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To 1. The Commissioner of Police, E.V.K.Sampath Salai, Veppery, Chennai – 600 007. 2. The Assistant Commissioner of Police, MKB Nagar Range, MKB Nagar, Chennai. 3. The Inspector of Police, All Women Police Station - MKB Nagar, MKB Nagar, Chennai. 4. The Public Prosecutor High Court of Madras CRL.O.P.No.1277 of 2022

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GPL(CO) PM/11/02/2022

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

M.Arifa Banu v. the Commissioner of Police

Case brief

What is this about?

What did the court decide?

M.Arifa Banu v. the Commissioner of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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