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Judgment
G. Rajasuria, J.—This writ petition has been filed to direct the first respondent to hold an enquiry on the basis of the petitioner''s complaint dated 20.10.2008 and consequently direct the third respondent to register a First Information Report on the complaint dated 20.10.2008 and to take appropriate action to ensure the recovery of jewels and other household articles which were given at the time of marriage.
Heard Mr. Shanmuga Raja Sethupathy, learned Counsel for the petitioner and also Mr. D. Sasikumar, learned Government Advocate, who took notice on behalf of the respondents.
The learned Counsel for the petitioner would air the grievance of the petitioner, who is the unfortunate father of the deceased lady viz., Maheswari to the effect that the police registered the case u/s 304(B) I.P.C. and now it is pending before the Sessions Court; in the meanwhile, the petitioner lodged a complaint with the third respondent for getting back the jewels from her husband/accused in the pending case; but there is no response. Hence, this writ petition.
At this stage, Mr. V. Kannan, learned Counsel for the intervenor made oral representation seeking permission to intervene in this matter.
I am of the considered view that at this stage, the intervention of the deceased''s husband, who is the proposed accused is not at all contemplated.
At this juncture, my mind is reminiscent and redolent of the judgment of this Court dated 18.07.2007 in Crl.O.P(MD)No.6616 of 2007, communicated vide circular ROC. No. 1110B/07/F/MB P.Dis. No. 5/2007, dated 30.07.2007, which was circulated to all Magistrates in Tamil Nadu, which would adequately protect the interest of the petitioner. I could recollect fruitfully the decision of the Hon''ble Apex Court in Sakiri Vasu Vs. State of U.P. and Others, , which also would posit the aforesaid legal proposition only.
If at all the petitioner is aggrieved by the inaction on the part of the police officials in registering a case, it is for him to file necessary application u/s 156(3) Cr.P.C. before the Magistrate concerned, who was expected to act in accordance with law and as per the aforesaid decisions cited supra. As such the petitioner is directed to resort to such a procedure.
With the above observations and directions, this writ petition is disposed of. No costs.