C.Aarthi v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 21/6/2022 C O R A M THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Crl. O.P. No.13812 of 2022 C. Aarthi

...Petitioner

Vs

1. The Inspector of Police W 4 All Women Police Station Kilpauk,Chennai 600 010.

2. The Commissioner of Police Office of the Commissioner of Police 132 EVK Sampath Road, Vepery Chennai 600 007.

3. Deepika

...Respondents

PRAYER : Criminal Original Petition filed under Section 482 of Cr.P.C. to direct the first respondent not to harass the petitioner by making threatening phone calls to foist a false case and issue unlawful summon to the petitioner and other means except due process of law.

For Petitioner ...

Mr.P.Arasan For Respondents...

Mr.A.Gokulakrishnan Additional Public Prosecutor for R.R.1 and 2.

O R D E R

This Criminal Original Petition has been filed to direct the first respondent not to harass the petitioner by making threatening phone calls to foist a false case and issue unlawful summon to the petitioner.

2. Heard Mr.P. Arasan, learned counsel for the petitioner and Mr.A.Gokulakrishnan, learned Additional Public Prosecutor for the respondents 1 and 2.

3. Today, when the matter is taken up for hearing, the learned Additional Public Prosecutor submitted that its a civil

dispute between the husband of the third respondent and third respondent. The petitioner is having some illegal relationship with the husband of the third respondent.

4. The term harassment is so subjective which cannot be encapsulated in objective criterion. The petitioner having given a complaint is bound to cooperate with the Police for enquiry.

Admittedly, the enquiry is pending. Without cooperating with the Police, they cannot seek such a blanket direction.

5. In such a view of the matter, the prayer sought for by the petitioner is rejected. Accordingly, this Criminal Original Petition is dismissed. The Police shall issue notice, within two weeks, from today, for causing the appearance of the petitioner, for enquiry and after enquiring the petitioner, the Police may either register a complaint, if any cognisable offence is made out or close the complaint. Sd/- Assistant Registrar True Copy// Sub Assistant Registrar mvs.

To

1. The Inspector of Police W 4 All Women Police Station Kilpauk,Chennai 600 010.

2. The Commissioner of Police Office of the Commissioner of Police 132 EVK Sampath Road, Vepery Chennai 600 007.

3. The Public Prosecutor, High Court, Madras.

+2ccs to Mr.P.Arasan, Advocate, S.R.No.37845 Crl. O.P. No.13812 of 2022 GPL[co] NSK/30/06/2022