S.Kanimozhi v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.07.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN S.Kanimozhi.

... Petitioner /versus/

1. The State Rep. by, The Superintendent of Police, Kallakurichi District, Kallakurichi.

2. The Inspector of Police, The District Crime Branch, O/o.The Superintendent of Police, Kallakurichi District.

... Respondents Prayer: Criminal Original Petitions have been filed under Section 482 of Cr.P.C., to direct the 2nd respondent not to harass the petitioner in the name of enquiru.

For Petitioner : Mr.C.R.Gokulvisvas For Respondents : Mr.S.Udaya Kumar, Government Advocate (Crl.Side) 1/4

O R D E R

The petitioner herein is a named accused in a case registered by the respondent police for job racketing. When the petitioner was called for enquiry she and other named accused gone to the police station and admitted they have collected Rs.7,75,000/- from different persons through bank transaction on promising job in abroad and they were not able to get them a job and also agreed to repay the money collected. However, in the course of the investigation, the police has found that fake visa been given to this person by this petitioner and therefore, they intensified the investigation, sensing that the police is likely to arrest her, the present petition is filed seeking protection from harassment.

2. The Learned Government Advocate (Crl.Side) appearing for the respondent has filed detailed counter narrating how the investigation been proceeding and the incriminating material against this petitioner which warrants presence of the petitioner and investigation.

3. On perusing the CD file, this Court finds that the petitioner on 30.05.2024 had participated in the enquiry and gave an letter of undertaking and thereafter, she has not turned up to the police station for further enquiry. This 2/4

Court finds that though cognizance offence been made out from the complaint, the 2nd respondent instead of registering the F.I.R, keeping the petition as CSR and conducting Panchayat, which has lead to filing the present petition alleging harassment.

4. This Court finds force in the submission made by the petitioner herein. Accordingly, this Criminal Original Petition is dismissed with direction to the respondent police to register the F.I.R and proceed in accordance with law.

03.07.2024 Index : Yes/No.

: Yes/No.

bsm Copy to:- 1.The Superintendent of Police, Kallakurichi District, Kallakurichi.

2. The Inspector of Police, The District Crime Branch, O/o.The Superintendent of Police, Kallakurichi District. 3.The Public Prosecutor, High Court, Madras.

3/4

Dr.G.JAYACHANDRAN, J.

bsm 03.07.2024 4/4