Kalaivani vs The Inspector Of Police
2023 Latest Caselaw 9617 Mad

                                                                                   Crl.O.P.No.17312 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED : 03.08.2023

                                                             CORAM

                            THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                                 Crl.O.P.No.17312 of 2023

                     Kalaivani
                     W/o.Ashock                                                    ... Petitioner

                                                               Vs.
                     1. The Inspector of Police,
                        All Women Police Station,
                        Guindy.

                     2. K.S.Ashok
                        S/o.Srinivasan                                             ... Respondents

                     PRAYER : Criminal Original Petition filed under Section 482 of the Code
                     of Criminal Procedure praying to direct the respondent police to recovery of
                     the petitioner jewels and educational certificate from the second respondent
                     and hand over to the petitioner herein based on the CSR No.105 of 2023 on
                     the file of the respondent police herein.
                                     For Petitioner      :    Mr.R.Angalaprarameswari

                                     For Respondents :        Mr.A.Damodaran
                                                              Additional Public Prosecutor [R1]

                                                              *****


                                                             ORDER

https://www.mhc.tn.gov.in/judis Crl.O.P.No.17312 of 2023

This Criminal Original Petition has been filed seeking for a direction

to the respondent police to recover the petitioner's jewels and educational

certificate from the second respondent and hand over to the petitioner herein

based on CSR No.105 of 2023 pending on the file of the respondent police

herein.

2. Heard Mr.R.Angalaprarameswari, learned counsel for petitioner

and Mr.A.Damodaran, learned Additional Public Prosecutor appearing on

behalf of first respondent.

3. Learned Additional Public Prosecutor appearing for the first

respondent submits that this is a case of matrimonial dispute and on the

complaint given by the petitioner, petition enquiry is pending in CSR

No.105 of 2023 on the file of the first respondent police and a final decision

will be taken on the complaint given by the petitioner.

4. The first respondent is directed to conduct enquiry in keeping with

the judgment of the Supreme Court of India in Lalitha Kumari Vs.

Government of Uttar Pradesh reported in 2013 (6) CTC 353, wherein the

https://www.mhc.tn.gov.in/judis Crl.O.P.No.17312 of 2023

Supreme Court has enumerated the nature of cases where preliminary

enquiry can be conducted and has also restricted the period, for which

preliminary enquiry can be conducted. The first respondent is also directed

to complete the enquiry and take a decision within a period of two (2) weeks

from the date of receipt of a copy of this order.

With the above direction, this Criminal Original Petition is disposed

of.

03.08.2023 Index : Yes/No Speaking order:Yes/No Neutral citation:Yes/No gm

To

1.The Inspector of Police, All Women Police Station, Guindy.

2.The Public Prosecutor High Court of Madras, Madras.

N.ANAND VENKATESH, J

https://www.mhc.tn.gov.in/judis Crl.O.P.No.17312 of 2023

gm

Crl.O.P.No.17312 of 2023

03.08.2023

https://www.mhc.tn.gov.in/judis