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Madras High CourtWP/4080/2021disposed of

Mrs.S.Rajeshwari v. State Rep By Inspector Of Police

2021-02-24Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.02.2021

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.No.4080 of 2021 Rajeshwari ... Petitioner Vs.

The Inspector of Police Neyveli Thermal Police Station, Neyveli.

... Respondent Prayer: The Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus directing the respondent herein not to harass the petitioner by restricting her free movement.

For Petitioner : Mr.A.Anandharaj 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. It is seen from the records that the petitioner's child Meena was murdered and the First Information Report was registered based on the complaint given by the petitioner in Crime No.189 of 2019 for the offences under Section 302 and 201 of IPC.

3. The grievance of the petitioner is that she is now living in her father's house and the respondent police is regularly interfering with the movement of the petitioner and thereby, harassing the petitioner. Aggrieved by the same, the present writ petition has been filed before this Court.

4. The learned Government Advocate (Crl. Side) appearing on behalf of respondent, on instructions, submitted that on completion of the investigation, a final report was filed and the case is now at the stage of trial in S.C.No.71 of 2020 before the Mahila Court, Cuddalore. The learned Government Advocate further submitted that the petitioner will have to be examined as a witness in this case and only for that purpose, the petitioner was called for giving instructions and the respondent police do not intend to harass the petitioner. https://hcservices.ecourts.gov.in/hcservices/

5. The learned counsel for the petitioner submitted that the petitioner is willing to appear before the concerned Court

and give evidence. That apart, the respondent police should be restrained from interfering with the day to day life of the petitioner and her movement from one place to another place.

6. Taking into consideration the facts and circumstances of the case, the respondent police is directed to inform the petitioner the date on which she has to appear as a witness before the concerned Court where the trial is pending in S.C.No.71 of 2020. The petitioner shall be present before the Court on the date of examination and she shall be examined in chief and cross examination shall also be completed. Once this process is completed, the respondent police shall not go anywhere near the petitioner and the petitioner shall be allowed to move freely to any place as she desires.

7. This Writ Petition is disposed of accordingly. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar rli To

1. The Inspector of Police Neyveli Thermal Police Station, Neyveli.

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

+1cc to A.Anandharaj, Advocate, SR.No.11051.

W.P.No.4080 of 2021 PL(CO) CSR 26.03.2021 https://hcservices.ecourts.gov.in/hcservices/