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Madras High CourtCRL OP/15655/2022disposed of

Preetha v. The Superintendent Of Police,

2022-07-08Honourable Mr Justice N. Sathish Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.07.2022

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Mrs.Preetha ... Petitioner Vs.

1.The Superintendent of Police, Office of the Superintendent of Police, Dharmapuri.

2.The Deputy Superintendent of Police, Harur Sub Division Harur, Dharmapuri District.

3.The Inspector of Police, Harur Police Station, Harur.

..Respondents Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C praying to issue direction, directing the respondents not to harass the petitioner under the guise of enquiry with regard to the complaint filed by her husband based on the petitioner representation dated 20.06.2022. 1/5

For Petitioner : Ms.S.Vasavi Sridevi For Respondents : Leonard Arul Joseph Selvam Government Advocate(Crl.Side)

ORDER

This Criminal Original Petition has been filed to direct the respondents police not to harass the petitioner under the guise of enquiry with regard to the complaint filed by her husband based on the petitioner representation dated 20.06.2022.

2. It is the contention of the petitioner that under the pretext of enquiry, the police is unnecessarily harassing the petitioner.

3. The learned Government Advocate(Crl.side) for the respondents on instructions submitted that on the complaint given by the defacto complainant, notice has been issued to the petitioner. But the petitioner has not appeared before the respondent police for enquiry and she is not co-operating with the investigation.

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4. Such being the position, it is for the Investigating Officer to issue appropriate notice to the petitioner for enquiry and on such notice, the petitioner shall appear for enquiry and co-operate with the investigation. During the course of investigation, if it is found to be a matrimonial dispute, the respondents police shall relegate the parties to the Civil Court.

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

08.07.2022 Speaking Order/Non-speaking Order Index :Yes/No Internet:Yes/No nr/shk 3/5

N. SATHISH KUMAR,J.

nr To 1.The Superintendent of Police, Office of the Superintendent of Police, Dharmapuri.

2.The Deputy Superintendent of Police, Harur Sub Division Harur, Dharmapuri District.

3.The Inspector of Police, Harur Police Station, Harur.

4.The Public Prosecutor, Madras High Court, Chennai.

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