M.Dharmalingam v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.02.2020

CORAM

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM Crl.O.P.No.4194 of 2020

1. M.Dharmalingam

2. Gowri

...Petitioners

-Vs1. The Inspector of Police, Tiruppattur Town Police Station, Tiruppattur District.

2. Dhandapani @ Dish Dhandapani ... Respondents Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the respondent police not to harass the petitioners otherwise than under due process of law.

For Petitioners: Mr.V.Jeevagiridharan For RR1 : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

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

2. The learned counsel for the petitioners has submitted that the petitioners are the parents of one Karikalan. The second respondent's daughter Rishika who is aged about 18 years fell in love with the petitioners' son Karikalan and both of them left their houses on 13.02.2020 and thereafter their whereabouts not known. But, the first respondent is unnecessarily harassing the petitioners without registering any case and therefore he prayed to direct the first respondent not to harass the petitioners.

3. Per contra, the learned Additional Public Prosecutor appearing for the first respondent has submitted that the petitioners' son Karikalan has eloped the second respondent's daughter aged about 20 years and based on the complaint lodged by the second respondent, F.I.R has been registered in Crime No.64 of 2020 under the caption of "woman missing". He further submitted that only for enquiry purpose and also to ascertain the whereabouts of the second respondent's daughter, the petitioners were called and they were not subjected to any https://hcservices.ecourts.gov.in/hcservices/

harassment.

4. Admittedly, a case was registered only under the caption of woman missing. Under the said circumstances, the first respondent should not unnecessarily harass the petitioners. If any offence is made out, the first respondent should have altered the provisions of law by mentioning the specific provisions of law and thereafter he can proceed against the offenders in accordance with law. Instead of that he should not unnecessarily harass the petitioners.

5. With the aforesaid directions, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar mfa To

1. The Inspector of Police, Tiruppattur Town Police Station, Tiruppattur District.

2. The Public Prosecutor, High Court, Madras.

+1cc to Mr.V.Jeevagiridharan, Advocate,Sr.No.16619. Crl.O.P.No.4194 of 2020 VBA (CO) klt (22/05/2020) https://hcservices.ecourts.gov.in/hcservices/