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Madras High CourtWP/2394/2022disposed of

K.Sivagangai, v. The Superintendent Of Police,

2022-02-15Honourable Mr Justice A.D.Jagadish Chandira3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.02.2022 CORAM :

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA W.P.NO.2394 OF 2022 K.Sivagangai ... Petitioner Vs.

1. The Superintendent of Police, District Superintendent of Police Office, Cuddalore District, Cuddalore.

2. The Deputy Superintendent of Police, Deputy Superintendent of Police Office, Panruti, Cuddalore District.

3. The Inspector of Police, Kadampuliyur Police Station, Kadampuliyur, Cuddalore District.

... Respondents PRAYER: Writ Petition filed under Section 226 of Constitution of India, pleased to issue a Writ of Mandamus or order, or direction in the nature of writ, directing the first and second respondents to consider the petitioner's representation dated 22.12.2021 given to the first and second respondents and consequently direct the third respondent police not to harass and torture the petitioner and her family without following due process of law.

For Petitioner :

Mr.M.Selvam For Respondents :

Mr.A.Gokulakrishnan Additional Public Prosecutor.

O R D E R

This Writ Petition has been filed to direct the first and second respondents to consider the petitioner's representation dated 22.12.2021 given to the first and second respondents and consequently, direct the third respondent police not to harass and torture the petitioner and her family without following due process of law.

2. Learned counsel appearing for the petitioner would submit that the third respondent/Inspector of police have registered a false case against the petitioner's son viz., Ravanan @ Kumaravel and that on 08.12.2021, the third respondent visited the residence of the petitioner in search of the petitioner's son and they have taken the bike belonging to the petitioner by breaking the lock. Thereafter, the respondents have been continuously coming to the house of the petitioner and harassing her in the guise of enquiry.

3. Per contra, the learned Additional Public Prosecutor would submit that the son of the petitioner, viz., Ravanan @ Kumaravel has involved in seven previous cases registered in various stations in Panruti, Cuddalore range including one under Section 302 IPC which were pending against him. The petitioner's son is presently absconding. The petitioner and her son are living in the same house and thereby, the third respondent has visited the house of the petitioner in searched of her son. Other than that the third respondent has not harassed the petitioner.

4. He would further submit that present petition has been filed to preempt the respondents from taking action against her son, who has been absconding. He would reiterate that other than enquiring the petitioner with regard to her son, the respondent police have not harassed the petitioner.

5. Recording the said submission, the Writ Petition is disposed of.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar rgi/ham

To

1. The Superintendent of Police, District Superintendent of Police Office, Cuddalore District, Cuddalore.

2. The Deputy Superintendent of Police, Deputy Superintendent of Police Office, Panruti, Cuddalore District.

3. The Inspector of Police, Kadampuliyur Police Station, Kadampuliyur, Cuddalore District.

4. The Public Prosecutor, High Court of Madras.

+1cc to M/s.M.Selvam, Advocate, S.R.No.9573 W.P.No.2394 of 2022 CP(CO) RLP(28/02/2022)