← Library
Madras High CourtCRL OP/3796/2020dismissed

Prabavathi v. The State Rep.By

2020-02-21Honourable Mr Justice P. Rajamanickam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.02.2020

CORAM:

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM Crl.OP.No.3796 of 2020 Prabavathi .. Petitioner -vsThe State rep. by The Inspector of Police, Vikravandi Police Station, Villupuram District.

.. Respondent Prayer: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the respondent police not to harass the petitioner under the guise of the enquiry. For Petitioner : M/s.C.Jayachithra For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the respondent police not to harass the petitioner under the guise of the enquiry.

2.

The learned counsel for the petitioner has submitted that on 19.11.2019 at about 8.00 a.m, the petitioner's husband Ravichandran has left the house on his routine work and thereafter he did not return to the house and hence the petitioner has lodged a complaint before the Inspector of Police, Villupuram Police Station on 21.11.2019 and based on the same, an FIR was registered in Crime No.591 of 2019 under the caption of "man missing". She further submitted that while the fact remains so, the respondent is frequently calling the petitioner through phone by saying that the petitioner's husband collected money from various people under the guise of conducting chit funds and hence the petitioner should pay the said amount. She further submitted that the petitioner is in no way connected with the alleged transactions said to have been done by her husband and therefore she prayed to direct the respondent not to harass the petitioner.

3. Per contra, the learned Additional Public Prosecutor has submitted that the petitioner has not lodged any complaint https://hcservices.ecourts.gov.in/hcservices/

before the Inspector of Police, Villupuram Police Station and on the contrary she lodged a complaint before the Tindivanam Police Station, stating that her husband was missing and based on the same, an FIR was registered in Crime No.591 of 2019 on the file of Inspector of Police, Tindivanam Police Station under the caption of 'man missing'. He further submitted that only for enquiry/investigation purpose, in the said FIR, the petitioner was called by the Inspector of Police, Tindivanam, but the petitioner has rushed to this court and filed this petition stating that the Inspector of Police, Vikravandi Police Station, Villupuram District is calling her and directing her to pay the chit amount said to have been collected by her husband.

He further submitted that the respondent herein (Inpector of Police, Vikravandi Police Station) has not called the petitioner and the petition itself misconceived and therefore he prayed to dismiss the petition. 4.Admittedly, based on the complaint lodged by the petitioner, an FIR in Cr.No.591 of 2019 was registered by the Inspector of Police, Tindivanam Police Station under the caption of 'man missing' and in such a case the petitioner should co-operate for investigation. Though the petitioner has stated that the respondent herein has called the petitioner and insisting her to pay the chit amount which was said to have been collected by her husband, she has not produced any material to substantiate the said allegation. This court does not find any merits in this case.

5. In the result, this Criminal Original Petition is dismissed.

Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar To 1.The Inspector of Police, Vikravandi Police Station, Villupuram District.

2. The Public Prosecutor, High Court, Madras.

+1 cc to M/s.C.Jayachithra, Advocate, sr.15428. krd 23/9 CRL.O.P.No.3796 of 2020 https://hcservices.ecourts.gov.in/hcservices/