N.Pereyatarsini v. The State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.08.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.12642 of 2020 N.Pereyatarsini D/o Natarajan No.1/88 B, Nattar Street Thiruvidanthai Chengalpattu District.

...Petitioner

Vs.

1.State Rep by its The Inspector of Police Vellakoil Police Station Tiruppur District.

2.S.Kaviarasan S/o Selladurai Puduppai (Post) Vellakovil Tharapuram (TK) Tiruppur District.

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the 1st respondent police not to harass the petitioner herein under the guise of investigation pertaining to the complaint pending on the file of 1st respondent police.

For Petitioner : Mr.C.Ganesh Pandian For Respondents : Mr.S.Karthikeyan Additional Public Prosecutor for R1

O R D E R

The Criminal Original Petition has been filed to direct the 1st respondent police not to harass the petitioner herein under the guise of investigation pertaining to the complaint pending on the file of 1st respondent police.

2.The learned counsel for the petitioner would submit that the petitioner fell in love with the 2nd respondent and she left her parents house. She got married with the 2nd respondent in a temple and lived with him. Thereafter, the petitioner herein voluntarily went to her parents house. While being so, unfortunately, the 2nd respondent filed a complaint with the allegations that the petitioner's parents abducted her. In which, the 1st respondent also mechanically registered a case in Crime No.1713 of 2020 for the offences punishable under Section 143 and 365 of IPC as against the mother, father, maternal aunt and others of the petitioner herein. Under the guise of enquiry, now the 1st respondent police called upon the petitioner frequently and also harassed her under the guise of investigation.

3.The learned Additional Public Prosecutor appearing for the 1st respondent would submit that the 2nd respondent got married with the petitioner herein. After their marriage, the petitioner was abducted by her parents. On the complaint lodged by the 2nd respondent before the 1st respondent, case was registered in Crime No.1713 of 2020 for the offences under Sections 143 and 365 of IPC. Further the petitioner was called upon by the 1st respondent police for investigation. Since the petitioner being the victim in this case, there is absolutely no question of harassment by the 1st respondent police under the guise of enquiry. Hence he prayed to dismiss the petition. 4.

Considering the submission and also facts of the case, the petitioner is directed to appear before the Judicial Magistrate, Thirukazhukundram and on her appearance before the Judicial Magistrate, Thirukazhukundram, is directed to record her statement and serve the copy of the same to the 1st respondent to complete the investigation in Crime No.1713 of 2020. 5.With the above direction, the Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar Jer

To 1.The Judicial Magistrate, Thirukazhukundram. 2.The Inspector of Police Vellakoil Police Station Tiruppur District.

3.The Public Prosecutor High Court of Madras.

Crl.O.P.No.12642 of 2020 SSV(CO) KKV/19/10/2020