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Madras High CourtCRL OP/7014/2015closed

K.Rani, W/O.Kannaiyan (Late), v. The Superintendent Of Police,

2015-04-09Honourable Mr Justice P. N. Prakash3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.04.2015 THE HON'BLE MR.JUSTICE P.N.PRAKASH CRL.O.P.No.7014 of 2015 K.Rani

...Petitioner

Vs.

1. The Superintendent of Police, Dharmapuri District.

2. The Assistant Superintendent of Police, Pennagaram, Dharamapuri District.

3. The State rep. by Inspector of Police, Pennagaram Police Station, Dharamapuri District.

...Respondents

Criminal Original Petition filed under Section 482 Cr.P.C. seeking direction upon the third respondent/Police to register a case on the basis of the complaint, dated 11.07.2014, against one N.Eswaran, S/o Narasimha Naidu, under Sections 354, 354-A, 354-B, 354-C, 354-D, 509 and 506(ii) of IPC.

For Petitioner :

Mr.J.Prakasam, rep. by Ms.C.Bhargavi For Respondents :

Mr. C.Emalias Additional Public Prosecutor

O R D E R

This Criminal Original Petition is filed seeking direction upon third respondent/Police to register a case on the basis of the petitioner's complaint, dated 11.07.2014, against one N.Eswaran.

2. Heard Ms.C.Bhargavi, the learned counsel for the petitioner and Mr.C.Emalias, the learned Additional Public Prosecutor for respondent/Police.

3.

It is seen that the petitioner has lodged complaint

against one Eswaran for sexual harassment. Pursuant to the said complaint, petition enquiry was conducted by the respondent/Police in C.S.R.No.429 of 2014, and the same appears to have been closed on 13.07.2014, on the basis of the letter, purportedly given by the petitioner, stating that she does not want to pursue her complaint further.

4.

It is the contention of the learned counsel for the petitioner that such a letter was obtained from the petitioner by exerting force, as the said Eswaran happened to be the husband of the local Councilor, and the Villagers also pressurized the petitioner to give such letter.

5.

A reading of the petitioner's complaint, it is seen that the petitioner had alleged acts of sexual harassment against the said Eswaran.

6.

In view of the allegations made in the complaint, this Criminal Original Petition is disposed of by directing the first respondent, to nominate an Officer of the rank of Deputy Superintendent of Police, who shall conduct enquiry in a dispassionate manner on the complaint, dated 11.07.2014 given by the petitioner, which has been assigned C.S.R.No.429 of 2014, and take further action in accordance with law.

Sd/- Assistant Registrar(CS-V) //True Copy// Sub Assistant Registrar sd To

1. The Superintendent of Police, Dharmapuri District.

2. The Assistant Superintendent of Police, Pennagaram, Dharamapuri District.

3. The Inspector of Police, Pennagaram Police Station, Dharamapuri District.

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

1 CC to Mr.J.Prakasam, Advocate SR.No. 20013 CRL.O.P.No.7014 of 2015 KSJ (CO) PSI (16.04.2015)