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Madras High CourtCRL OP/21091/2021dismissed

Liaquath Ali v. The Superintendent Of Police

2021-11-18Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.11.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.21091 of 2021

1. Liaquath Ali

2. Mumtaz

3. Mohammed Uvise ... Petitioners

Versus

1. Superintendent of Police, Perambalur, Perambalur District.

2. The Inspector of Police, All Women Police Station, (AWPS) Perambalur Town, Perambalur District.

... Respondents PRAYER: Criminal Original Petition has been filed under Section 482 of the Code of Criminal Procedure, to direct the 2nd respondent not to harass the petitioners and his family members under the guise of enquiry without due process of law. For Petitioners : Mr.M.Jothiramalingam For Respondents : Mr.R.Vinothraja Government Advocate (Crl. Side)

ORDER

The petitioners have filed this petition seeking not to harass.

2.The learned Government Advocate (Crl.side) submits that the estranged wife of the third petitioner is the complainant in this case, who lodged a complaint and C.S.R.No.537 of 2021 assigned. Thereafter, it has been forwarded to the Social Welfare Officer, Perambalur. The Social Welfare Officer is to conduct an enquiry and to report. For the purpose of facilitating the enquiry, the petitioners were called for enquiry by the respondent police, which cannot be termed as an harassment.

3.Finding that it is a matrimonial dispute and already the complaint has been forwarded to the Social Welfare Officer, Perambalur and the presence of the petitioners is necessary https://hcservices.ecourts.gov.in/hcservices/

before the Social Welfare Officer. Calling the petitioners for enquiry cannot be termed as harassment.

4.In view of the above, this Court finds that calling the petitioners for enquiry cannot be termed as harassment. Accordingly, the criminal original petition is dismissed. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar drm/sms To

1. Superintendent of Police, Perambalur, Perambalur District.

2. The Inspector of Police, All Women Police Station, (AWPS) Perambalur Town, Perambalur District.

3. The Social Welfare Officer, Perambalur Perambalur District.

4. The Public Prosecutor, High Court, Madras.

CRL.O.P.No.21091 of 2021 VGII(CO) CT 02/12/2021 https://hcservices.ecourts.gov.in/hcservices/