Shalini v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 06.02.2020

CORAM

THE HONOURABLE Mr.JUSTICE P.RAJAMANICKAM CRL.O.P.No.1182 of 2020 Shalini ... Petitioner Vs.

1. The Superintendent of Police, Vellore District, Vellore - 632 012.

2. The Inspector of Police, Viruthampattu Police Station, Vellore District.

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondents not to harass the petitioner and her daughter in any manner. For Petitioner : Mr. K.M.Subramaniam For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

This petition has been filed to direct the respondents not to harass the petitioner and her daughter.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

3. The learned counsel for the petitioner has submitted that the petitioner belongs to Backward Class Community and she married one Jani @ Jani Paulrajan, who belongs to Scheduled Caste Community and the said marriage is a love Marriage. He further submitted that the second respondent has registered some false cases against the petitioner's husband and in those cases, the petitioner's husband was arrested and subsequently he was released on bail. He further submitted that after he was released on bail, his whereabouts is not known to the 1/3

petitioner. The second respondent police oftenly come to the petitioner's residence and tortured the petitioner and her daughter and hence he requests to direct the respondent not to harass the petitioner and her daughter.

4. Per contra, the learned Additional Public Prosecutor has submitted that the petitioner involved in three cases viz., in Crime No. 316 of 2018 under Sections 364 -A and 368 of IPC, Crime No. 375 of 2018 under Section 435 of IPC and Crime No.378 under Sections 435 r/w 3 of TNPD Act and in all the three cases, she is absconding and hence the petitioner cannot contend that she is being harassed by the second respondent.

5. When this matter came up for hearing before this Court on 27.01.2020, the learned counsel for the petitioner has stoutly denied involvement of the petitioner in the aforesaid cases and hence the learned Additional Public Prosecutor was directed to produce a copy of the FIRs today.

6. The learned Additional Public Prosecutor has produced two CD files relating to Cr.Nos.375 of 2018 and 378 of 2018.

7. A perusal of the said C.D files shows that the petitioner has been arrayed as accused in the aforesaid crime numbers. In the said circumstances, the petitioner cannot contend, she is being harassed by the respondents.

8. For the aforesaid reasons, this Criminal Original Petition is dismissed.

Sd/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar ebsi To

1. The Superintendent of Police, Vellore District, Vellore - 632 012.

2. The Inspector of Police, Viruthampattu Police Station, Vellore District.

2/3

3. The Public Prosecutor, High Court, Madras.

+1 cc to Mr.K.M.Subramaniam Advocate sr9190 Crl.O.P. No.1182 of 2020 br(co) aa05/03/2020 3/3