Panchalai v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.12.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.21454 of 2021 Panchalai ... Petitioner Vs

1. The Superintendent of Police, Cuddalore District, Cuddalore.

2. The Inspector of Police, All Women Police Station, Viruddhachalam Cuddalore District.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the first respondent to consider the representation of the petitioner dated 18.10.2021 and direct the second respondent not to harass the petitioner and her family members without due process of law to secure the ends of justice.

For Petitioner :

Mr.M.Velmurugan For Respondents :

Mr.E. Raj Thilak Additional Public Prosecutor.

ORDER

This Criminal Original Petition has been filed by the petitioner to direct the first respondent to consider the representation of the petitioner dated 18.10.2021 and direct the second respondent not to harass the petitioner and her family members.

2. This Court, on 19.11.2021, in Crl.O.P.No.21454 of 2021, has passed the following order:

The learned counsel appearing for the petitioner submits that the petitioner is a 62

years old lady, who is the mother of one Selvamani. The petitioner's son Selvamani, who had a marriage with one Sakunthala 15 years back. The petitioner's son Selvamani is employed in Railway and presently served in Gujarat. Due to some misunderstanding her son doubting the chastity and character of the said Sakunthala and living separately. Hence the petitioner's son Selvamani had filed a Divorce petition before the Sub Court, Thittagudi in H.M.O.P.No.54 of 2019.

2. He further submits that earlier the said Sakunthala had filed a complaint for offence under Section 498 A IPC, which is now pending trial on the file of the Judicial Magistrate Court, Thittagudi in C.C.No.54 of 2021. Suppressing the same, the present complaint has been lodged. The crux of the complaint is that the petitioner's son is living with another lady and they abused and threatened the said Sakunthala and this is a false allegation. Using the said matrimonial dispute, the respondent police are interfering and harassing the petitioner.

3.The learned Government Advocate [Crl.

Side] submits that the Sub-Inspector of Police, All Women Police Station, Virudhachalam has not responded to the information given by the office of the Public Prosecutor, High Court, Madras.

4.In view of the same, Ms.Kamilabanu, SubInspector of Police, All Women Police Station, Virudhachalam, who registered the FIR No.24 of 2021 is directed to appear before this Court on 01.12.2021, without fail.

5.Post the matter on 01.12.2021.

3. In continuation to the above earlier order, today, the Sub-Inspector of Police, All Women Police Station, Virudhachalam, appeared before this Court and explained that earlier, the said Sakunthala had given two complaints to the Superintendent of Police and she had also produced some photographs, which was forwarded to the respondent police with all necessary documents. Thereafter, on the third occasion, she appeared before the respondent police and created ruckus and she was holding sharp edge weapons and claimed that she will self

immolate and commit suicide and put the blame on the police persons. On such pressure, FIR has been registered. The SubInspector of Police further submitted that after Investigation appropriate steps would be taken with regard to crime No.24 of 2021 and also submitted that the petitioner is not needed for enquiry and the respondent police will not call the petitioner and there is no question of harassment and further submitted that the respondent police have now come to know about the pendency of the case in H.M.O.P.No.54 of 2019, before the Sub Court, Thittagudi on the identical facts.

4. In view of the same, the Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS IV) True Copy// Sub Assistant Registrar sli To

1. The Superintendent of Police, Cuddalore District, Cuddalore.

2. The Inspector of Police, All Women Police Station, Viruddhachalam Cuddalore District.

3. The Public Prosecutor, High Court, Madras.

CRL.O.P.No.21454 of 2021 GPL[co] PBS/16/12/2021