V PADMA BAI Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) One V. Padma Bai has filed this petition under section 482, Criminal Procedure Code praying for a direction to the respondent to register a case based on the letter left by her son and the statement given by the petitioner on 20-11-1990 and investigate the same.

(2.) The petitioner has filed an affidavit in support of the application. The allegations in it are briefly as follows: Her only son Jagadeeswara Rao married Subashini on 8-3-1987 at Madras. The Marital life was happy only for a short time. Subashini often went to her mothers house. Her son told her that Subashini was not interested in leading a family life with him and that she was having illicit intimacy with one Gajendran. Subashini went to her parents house in July 1989 for delivery. She gave birth to a female child on 13-11-1989. Subsequently, she did not turn up. When her son went to his mother-in-law's house he was advised by her that he should live with them as T1Veetu MappillaiT1. Her son declined. He was ill-treated and they refused to send their daughter with him. One day when her son went to see his wife at Ambattur, his Subashini and Gajendran were found in a compromising position. Despite that, her son wanted to live with his wife and so he filed Habeas Corpus Petition in W. P. No. 4958/90. It was dismissed since she appeared before the court and said that she would not live with her husband.

(3.) Subashini preferred a complaint to Anti Dowry Cell alleging that her mother-in-law and her son tortured her for dowry. She also alleged that her son attempted to take blue film of her. Dowry Cell investigated the case and filed a case only under section 495A-I.P.C. On 20-11-1990 her son saw an Article named "Neela Kanavugal" in the Tamil Weekly magazine Thai, dated 25-11-1990. In that Article, her daughter-in-law has falsely narrated that her son asked her to act in blue films. Her son was shocked after reading the said Article and he was gloomy throughout the day. On the same day, her son. committed suicide leaving a letter addressed to the first respondent and other authorities in which he has stated that he has committed suicide only because of the derogatory remarks published in that magazine and had requested action. The Sub-Inspector of Police, Mylapore came on the same day and took the letter. He also enquired her and recorded her statement. Because of the Article published in the said magazine, her son had committed suicide. Therefore she preferred a complaint to the Sub Inspector of Police, Mylapore but he refused to take it. Hence the petition.