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Madras High CourtCRL OP/20042/2016closed

G.Suseela v. The Inspector Of Police

2016-09-02Honourable Mr Justice P. N. Prakash4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.09.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP No.20042 of 2016 G.Suseela .. Petitioner Vs State rep.by The Inspector of Police, Thingalur Police Station, Erode District.

.. Respondent Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to direct the respondent herein not to harass the petitioner in Crime No.145 of 2016.

For Petitioner : Mr.S.Kumara Devan For respondent : Mr.C.Emalias, Addl.Public Prosecutor

ORDER

This petition has been filed seeking a direction to the respondent herein not to harass the petitioner in Crime No.145 of 2016.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the Respondent.

3. When the matter is taken up for hearing, the learned Additional Public prosecutor appearing for the respondent submitted that on a complaint lodged by Village Administrative Officer, a case has been registered in Crime No.145 of 2016 for offences under Sections 147, 148, 447, 353, 294(b), 506(i) IPC and R/w 3(1) of property loss Act against Guruswamy, who is the husband of the petitioner, and others.

4. While so, it is alleged in the FIR that Guruswamy and others had illegally felled the tree and assaulted the V.A.O. As a counter blast, the petitioner, who is the wife of the Guruswamy, has given a counter complaint under the SC/ST Act and has come up with the present petition.

5. Under such circumstances, blanket order of 'not to harass' cannot be passed. The petitioner shall co-operate for the enquiry and during the course of enquiry, she shall not be harassed. However, if any cognizable offence is made out, this order would not be a shield against the arrest of the accused.

With the above observation, the Criminal Original Petition is disposed of.

02.09.2016 sms To

1. The Inspector of Police, Thingalur Police Station, Erode District 2.The Public Prosecutor High Court,Madras.

P.N.PRAKASH,J.

sms Crl.OP No.20042 of 2016 02.09.2016