Priya Latha v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.06.2022

CORAM:

THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR Crl.O.P. No.8923 of 2022

1. Priya Latha

2. K.T.Prakash

...Petitioners

Vs.

1. The State Rep by The Commissioner of Police 132, EVK Sampath Road, Tamil Nadu-600007

2. The Inspector of Police W23, AWPS, Royapettah Chennai-14

3. Smirithi

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the 2nd respondent not to harass the petitioners (the 2nd petitioner is senior citizen and 1st petitioner is a woman) under the guise of enquiry in C.S.R.No.127/CSR/W23AWPS/ROY/2021, Chennai upon the complaint given by the 3rd respondent in the nature of matrimonial dispute by take note that the two complaints for same cause of action given by the 3rd respondent are pending in Kerala State Police Stations at Mannarkadu Police Station, and before Dy.S.P. Office, Perithalmanna, Malapuram District, Kerala. For Petitioners : M/s.P.Uma For Respondents 1 and 2 : Mr.A.Gokulakrishnan Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to direct the 2nd respondent not to harass the petitioners during the course of enquiry in C.S.R.No.127/CSR/W23AWPS/ROY/2021, Chennai.

2. It is the contention of the learned counsel appearing for the petitioners that under the pretext of enquiry in https://hcservices.ecourts.gov.in/hcservices/

C.S.R.No.127/CSR/W23AWPS/ROY/2021, the police is unnecessarily harassing the petitioners in which the 2nd petitioner is a senior citizen and the 1st petitioner is a woman.

3.

The learned Additional Public Prosecutor on instructions submitted that on the complaint given by the third respondent, petition enquiry is pending in C.S.R.No.127/CSR/W23AWPS/ROY/2021 before the second respondent.

4. Such being the position, the Investigating Officer has to follow the procedure by issuing notice to the petitioners and on such notice being issued, the petitioners shall appear before the Investigating Officer and co-operate with the investigation. If the Investigating Officer finds that if any cognizable offence is made out, he shall proceed as per law.

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

Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar ksa-2 To

1. The Commissioner of Police 132, EVK Sampath Road, Tamil Nadu-600007

2. The Inspector of Police W23, AWPS, Royapettah Chennai-14

3. The Public Prosecutor, High Court of Madras.

+1cc to M/s.P.Uma, Advocate, S.R.No.33811 Crl.O.P. No.8923 of 2022 RSV(CO) UMA(28/06/2022) https://hcservices.ecourts.gov.in/hcservices/