Karthiga v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.04.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN 1.Tmt.Karthiga.

2. R.Vinoth Kanna ... Petitioners /versus/

1. The Superintendent of Police, Coimbatore, Coimbatore District.

2. The Sub-Inspector of Police, District Crime Branch, Coimbatore District.

... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the second respondent not to harass the petitioners in connection with the complaint made by C.Hari Sankar S/o.Chinnaraj. For Petitioners : Mr.S.Kamadevan For Respondents : Mr.S.Udaya Kumar Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition is filed to direct the second respondent not to harass the petitioners in connection with the complaint made by C.Hari Sankar S/o.Chinnaraj.

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2. The petitioners herein, who have been called for enquiry on a complaint given by brother of the 1st petitioner, alleging that she and her mother had forged the Will of his father and were trying to cheat him, are before this Court stating that it is a civil dispute where the petitioners have already instituted suit before the Additional District Court, Coimbatore in O.S.No.1057 of 2023 and therefore, the police shall not call her for enquiry and harass her.

3. The Learned Government Advocate (Crl.Side) appearing for the respondent states that on receipt of the complaint from C.Hari Sankar, on 03.04.2024, the petitioners were summoned to participate in the enquiry. However, without participating in the enquiry, has came before this Court.

4. The learned counsel for the petitioner also circulated a summons dated 15.04.2024 issued by the respondent police for the appearance of the petitioners on 24.04.2024. Admittedly, on that day, the petitioners had not appeared before the respondent police. Without appearing before the respondent police, by making a wild allegation that she has been harassed by the police, the present petition is filed.

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5. Taking into consideration of the facts placed before this Court, this Criminal Original Petition is disposed of, directing the petitioners herein to appear before the Investigating Officer on 29.04.2024 and produce documents in support of their case. The Investigating Officer shall consider the evidence and proceed in accordance with the law and guidelines laid down by the Hon'ble Supreme Court regarding the investigation.

24.04.2024 Index : Yes/No.

: Yes/No.

bsm Copy to:

1. The Superintendent of Police, Coimbatore, Coimbatore District.

2. The Sub-Inspector of Police, District Crime Branch, Coimbatore District.

3. The Public Prosecutor, High Court of Madras, Chennai. 3/4

Dr.G.JAYACHANDRAN,J.

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