Aruna Venkateshwari v. State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.07.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Aruna Venkateshwari ... Petitioner Vs.

1.State Rep.by The Assistant Commissioner of Police, Pallavaram Range, Pallavaram, Chennai-43 2.R.Arun Deepak ... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, pleased to direct the 1st respondent police not to harass the petitioner under the guise of enquiry.

For Petitioner : Mr.D.Venkatachalam For R1 : Mr.K.M.D.Muhilan Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition is filed to direct the respondent police not to harass the petitioner under the guise of enquiry. 1/4

2.

The petitioner herein has been summoned under Section 160 Cr.P.C., to appear for enquiry on the complaint given by her husband. The petitioner instead of participating in the enquiry has sent a letter and now before this Court alleging that the police is harassing her. 3.

The learned counsel appearing for the petitioner taking advantage of proviso to the Section 160 Cr.P.C., claims that the petitioner being a woman she cannot be summoned under Section 160 Cr.P.C., to attend the enquiry, the place other than where she is residing. 4.

The said submission is highly preposterous and if it is to be given meaning the way as the counsel argued, then there cannot be any fruitful investigation. The petitioner herein is aged 27 years and gainfully employed lady. She been called for enquuiry pursuant to the complaint against her.

5.

The learned counsel appearing for the petitioner submits that the summon dated 24.06.2024 to appear before the Inspector of Police, Palladam on 28.06.2024 was received by the petitioner only on 2/4

28.06.2024 at her residence in Tenkasi.

6.

If it is so, the petitioner shall go and appear before the Inspector of Police on 19.07.2024 at 10.30 a.m. Causing summon under Section 160 Cr.P.C., by itself cannot be construed as harassment by the police who was supposed to enquire on the complaint given to them. 7.

With the above direction, this Criminal Original Petition is dismissed.

11.07.2024 Index : Yes/No rpl To 1.The Assistant Commissioner of Police, Pallavaram Range, Pallavaram, Chennai-43 2.The Public Prosecutor, High Court of Madras, Chennai.

Dr.G.JAYACHANDRAN,J.

rpl 3/4

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