Rukmani v. The State Repby

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :06.12.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.NO.22830 OF 2021 Rukmani ..Petitioner

Versus

1. State rep. By The Superintendent of Police, Villupuram, Villupuram District.

2. State rep. by The Deputy Superintendent of Police PEW Villupuram, Villupuram District.

3. State Rep by.

Inspector of Police, PEW Villupuram Police Station, Villupuram District.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct 3rd Respondent police not to harass the petitioner based on the false and bogus cases which were registered for statistical purpose. For Petitioner : Mr.R.Sasikumar For Respondent : Mr.E.Raj Thilak Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed seeking for a direction to the 3rd Respondent police not to harass the petitioner based on the false and bogus cases which were registered for statistical purpose.

2. The case of the petitioner is that in the year 2019, the Petitioner's husband was arrested by the third respondent police and released on bail for Prohibition Act Cases and thereafter on 29.09.2021, the petitioner was arrested by the PEW Villupuram police official when the petitioner's husband not at home, in the strength of Crime No.608 of 2021 and later released on bail. It is further stated that now the petitioner's husband is taking treatment for leg fracture in Manakula Vinayagar Hospital at Madhugadipattu and the third respondent is unnecessarily harassing her under the guise of enquiry with respect to Cr.No.742 of 2021, which has been falsely registered against her husband, despite the fact that she has given a detailed representation stating that she and her husband will not involve in any illegal activities and hence this petition.

3. The learned counsel appearing for the petitioner submitted that the third respondent is visiting the house of the petitioner during odd hours and harassing her by stating that if her husband is not produced with respect to Crime No.742 of 2021, a case will be registered against her and hence prays this Court to direct the third respondent not to harass the petitioner.

4. The learned Additional Public Prosecutor submitted that there are eight previous cases against the petitioner's husband and the last case was registered in Cr.No.742 of 2021, for the offence that he was found in possession of 110 liters of I.D.Arrack. He further submitted that the petitioner was never called for enquiry and to safeguard her husband she is making such allegation against the third respondent. He further submitted that her husband was now arrested.

5. In view of the submission made by the learned additional Public Prosecutor, as the petitioner is not required for enquiry and it is only her husband who is required has now been arrested, nothing survives for adjudication in this Criminal Original Petition is closed.

6. Hence, this Criminal Original Petition is closed. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar arr

To

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

2. The Deputy Superintendent of Police PEW Villupuram, Villupuram District.

3. The Inspector of Police, PEW Villupuram Police Station, Villupuram District.

4. The Public Prosecutor, High Court, Madras.

+1cc to Mr.R.Sasikumar, Advocate, S.R.No.64602 Crl.O.P.No.22830 of 2021 PA(CO) RLP(28/12/2021)