Madras High CourtCRL OP/1221/2016disposed of

S.Manikandan v. State Rep. By

2016-01-21Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.01.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.1221 of 2016 1.S.Manikandan 2.P.Pradeepa ... Petitioners Vs State rep. by The Inspector of Police, Sathyamangalam Police Station, Erode District.

... Respondent Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondent not to harass the petitioners under the guise of enquiry on the basis of the complaint given by one Periyasamy, the first petitioner's father dated 15.1.2016. For Petitioners :

Mr.M.N.Balakrishnan For respondent :

Mr.C.Emalias, Addl.Public Prosecutor.

ORDER

The present criminal original petition has been filed seeking a direction to the respondent not to harass the petitioners under the guise of enquiry on the basis of the complaint given by one Periyasamy, the first petitioner's father dated 15.1.2016.

2. In the petition, it is averred that the marriage between the first petitioner and the second petitioner took place on 2.9.2015 in the Sub Registrar Office, Pallipalayam. While so, on 15.1.2016, the first petitioner's father Periasamy lodged a complaint with the respondent police stating that the second petitioner has tortured the first petitioner. Based on the said complaint, the respondent police is frequently calling the petitioners and harassing them under the guise of enquiry. Hence, the petition.

3. Learned Additional Public Prosecutor submitted that only for the purpose of enquiry, the petitioners were called by https://hcservices.ecourts.gov.in/hcservices/

the respondent police and absolutely, there is no harassment and in order to avoid enquiry, the petitioners have filed the present petition.

4. Considering the submissions made by the learned counsel appearing for the petitioners and the learned Additional Public Prosecutor, this Court is constrained to pass the following order:- (i) The petitioners are directed to cooperate with the enquiry.

(ii) The respondent police is directed to conduct the enquiry in accordance with law, without harassing the petitioners.

5. The criminal original petition is ordered accordingly.

sd/- Assistant Registrar(Cs-III) / true copy / Sub-Assistant Registrar sbi To 1.The Inspector of Police, Sathyamangalam Police Station, Erode District.

2.The Public Prosecutor, High Court, Madras.

+1 CC to Mr.M.N.Balakrishnan Advocate. SR.NO.3327 Crl.O.P.No.1221 of 2016 CO-KJI JD 22/01/2016 https://hcservices.ecourts.gov.in/hcservices/