Madras High CourtCRL OP/18488/2023disposed of

R.Ramya v. State Rep By

2023-08-16Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.08.2023 CORAM :

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH

1. R.Ramya

2. Yogeswari Ramu

3. R.Manimaran .. Petitioners

Versus

State, rep. by Inspector of Police, CCB-I Police Station, Vepery, Chennai - CCB.

Cr.No.278 of 2022.

.. Respondent Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondent Police to not to harass the petitioners who are only the family members of the accused person in the above Crime No.278 of 2022 on the file of respondent Police falsely registered for resolving the civil dispute in respect of partnership issues. For Petitioners : Mr.S.Abu Backer Sidhic For Respondent : Mr.A.Damodaran, Additional Public Prosecutor

ORDER

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This petition has been filed seeking for a direction to the respondent Police not to harass the petitioners, who are only the family members of the accused person in the above Crime No.278 of 2022 on the file of respondent Police.

2. The learned Additional Public Prosecutor submitted that there is an F.I.R pending investigation against the husband of the first petitioner and the first petitioner, who is the wife and the second and third petitioners, who are the relatives, were called for enquiry in order to proceed further with the investigation pending F.I.R.

3. The learned Counsel for the petitioners submitted that the husband of the first petitioner was already issued with notice under Section 41A of Cr.P.C., and he attended the enquiry. Thereafter, an F.I.R came to be registered against him. That apart, it is submitted that the petitioners are being harassed in the name of enquiry conducted by the respondent Police.

4. In the considered view of this Court, if the attendance of the petitioners is required, it is left open to the respondent Police to issue a 2/4

notice under Section 41A of Cr.P.C. On appearance, the statements of the petitioners shall be recorded and it is made clear that the petitioners will not be harassed in the name of enqiury.

5. This Criminal Original Petition is disposed in the above terms. 16.08.2023 Index : yes/no Speaking order/Non-speaking order : yes/no grs To

1. The Inspector of Police, CCB-I Police Station, Vepery, Chennai - CCB.

2. The Public Prosecutor, High Court of Madras.

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N.ANAND VENKATESH, J.

grs 16.08.2023 4/4