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Madras High CourtCRL OP/8451/2019disposed of

J.Jancy v. The Superintendent Of Police

2019-04-12Honourable Mr Justice G.K. Ilanthiraiyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.04.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.8451 of 2019 J.Jancy ... Petitioner Vs.

1.State rep. by its Superintendent of Police Office of the Superintendent of Police Cuddalore District Cuddalore 2.State rep. by its The Inspector of Police Sethiyathope Police Station Sethiyathope, Cuddalore District 3.State rep. by its The Sub-Inspector of Police Sethiyathope Police Station Sethiyathope, Cuddalore District ... Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. to direct the 2nd & 3rd respondents not to harass the petitioner and her family members without any due process of law.

For Petitioner : Mr.A.Ethayaselvan For Respondents : Mr.C.Raghavan Government Advocate (Crl. Side)

ORDER

The Criminal Original Petition has been filed by the petitioner under Section 482 Cr.P.C. to direct the 2nd & 3rd respondents not to harass the petitioner and her family members without any due process of law.

2.The learned counsel appearing for the petitioner submits that the 2nd & 3rd respondent police are harassing the petitioner and her family members under the guise of enquiry.

3.The learned Government Advocate (Crl. Side) appearing for the respondent police submits that enquiry is pending. It is a money dispute between the petitioner and the counterpart and the 2nd & 3rd respondents have no role to play in this regard.

4.Heard the learned Counsel for the petitioner and learned Government Advocate for the respondents. 5.It is the grievance of the petitioner that the respondent police have been harassing her and her family members under the guise of an enquiry/investigation and hence, has invoked the inherent powers of this Court under Section 482 of Cr.P.C.

6.In the present case on hand, the petitioner has complained of harassment by the police without any F.I.R. and seeks for this Court's intervention by way of a direction. It is seen that there is a dispute between the petitioner and the counterpart.

Therefore, the 2nd & 3rd respondents have no role to play in this regard. If there is any cognizance made out, the petitioner is at liberty to approach the 2nd respondent by filing a complaint. 9.With the above observation, the Criminal Original Petition stands disposed of.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar kas To.

1.Superintendent of Police Office of the Superintendent of Police Cuddalore District Cuddalore 2.Inspector of Police Sethiyathope Police Station Sethiyathope, Cuddalore District 3.Sub-Inspector of Police Sethiyathope Police Station Sethiyathope, Cuddalore District

4.The Public Prosecutor High Court of Madras +1cc to Mr. A.Ethayaselvan , Advocate SR.No. 37571 Crl.O.P.No.8451 of 2019 A.SK(16/05/2019)