Banumathi v. The Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.07.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN 1.Banumathi 2.Sankar 3.Kowsalya ... Petitioners Vs.

1.The Superintendent of Police, District Superintendent of Police Office, Salem District.

2.The Deputy Superintendent of Police, District Crime Branch, Salem District.

3.The Inspector of Police, DCB Police Station, Salem District.

...

Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, pleased to issue direction to the 3rd respondent police not to harass the petitioner under the guise of enquiry on a complaint one Chinnannan.

For Petitioners : Mr.B.Vasudevan For Respondents : Mr.S.Udayakumar 1/4

Government Advocate (Crl.Side)

O R D E R

The petitioners herein who were summoned by the Inspector of Police, District Crime Branch, Salem for participating in the enquiry on the complaint given by one Chinnannan is before this Court seeking direction to the 3rd respondent police not to harass them under the guise of enquiry.

2.

The learned counsel appearing for the petitioners states that after executing the sale deed, the defacto complainant has created a fake document as Muchalika [Memo of Understanding] as if the petitioners have agreed to reconvert the property, suppressing the fact that there is a partition suit pending between the parties. The complaint given on 06.06.2023 is kept pending and the petitioners are frequently summoned and harassed under the guise of investigation. 3.

The learned Government Advocate (Crl.Side) appearing for the respondent police submits that since there was doubt about the genuineness of MOU, opinion was sought from the factors of prosecution and examination of voice records does not provide any material to infer that there is a cognizable offence made out against these petitioners and 2/4

therefore, the 3rd respondent contemplates to register the F.I.R., and proceed with the investigation.

4.

In view of the above submissions, this Court finds no merit in this petition. Hence this Criminal Original Petition is dismissed. 05.07.2024 Index : Yes/No rpl To 1.The Superintendent of Police, District Superintendent of Police Office, Salem District.

2.The Deputy Superintendent of Police, District Crime Branch, Salem District.

3.The Inspector of Police, DCB Police Station, Salem District.

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

Dr.G.JAYACHANDRAN,J.

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