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Madras High CourtWP/3860/2021disposed of

Rajeswari v. The Commissioner Of Police

2021-02-24Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.02.2021

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Rajeswari ... Petitioner Vs.

1. The Commissioner of Police, Police Commissioner Office, Vepery, Chennai-7.

2. The Inspector of Police (Crime) K-4, Anna Nagar Police Station, Anna Nagar, Chennai.

... Respondents Prayer: The Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus directing the second respondent not to harass the petitioner in the name of interrogation without following due process of law based on the petitioner's representation dated 08.02.2021 to the first respondent. For Petitioner : Mr.K.Arul Jothi For Respondents : Mr.C.Raghavan Government Advocate (Crl. Side)

O R D E R

This Writ petition has been filed for a direction to the respondent police not to harass the petitioner.

2. The learned Government Advocate (Crl. Side), on instructions, submitted that the husband of the petitioner was running a chit business and he did not repay back the amount and he died in the year 2019. Certain complaints were received by the respondent police for non payment of the chit amount. The petitioner was called for an enquiry on the basis of these complaints.

3. The learned counsel for the petitioner submitted that the petitioner cannot be harassed in the name of interrogation when the petitioner is nothing to do with the alleged chit business conducted by her husband. The learned counsel further submitted that this interrogation to be conducted even without the registration of FIR on the basis of the complaints received by the respondent police.

4. Heard Mr.K.Arul Jothi, learned counsel for the petitioner and Mr.C.Raghavan, learned Government Advocate (crl side) appearing on behalf of the respondents.

5. Taking into consideration the facts and circumstances of the case, there shall be a direction to the second respondent to issue a summon to the petitioner if there is any complaint received by the second respondent and thereafter, call

the petitioner for an enquiry. It is made clear that the petitioner will not harass in the name of enquiry.

6. This Criminal Original Petition is disposed of accordingly. No costs. 24.02.2021 Speaking Order/Non-speaking Order Index :Yes/No Internet:Yes/No rli To

1. The Commissioner of Police, Police Commissioner Office, Vepery, Chennai-7.

2. The Inspector of Police (Crime) K-4, Anna Nagar Police Station, Anna Nagar, Chennai.

3. The Public Prosecutor High Court of Madras Chennai - 600 104.

N.ANAND VENKATESH,J.

rli 24.02.2021