M.Viswanathan v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.02.2016

CORAM:

THE HONOURABLE MS.JUSTICE R.MALA Crl.O.P.No.3393 of 2016 1.M.Viswanathan 2.V.Valliammal 3.V.Venkatesan 4.V.Thirupanchalai 5.V.Adilakshmi ... Petitioners Vs.

The State Rep. by Inspector of Police, T-1, Ambattur Police Station, Ambattur Chennai - 600 053.

... Respondent Prayer :

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the respondent not to harass the petitioners based on the false complaint dated 28.01.2016 given by the Mrs.Ranjani.

For Petitioners : Mr.M.Anandaraj For Respondent : Mr.C.Emalias Additional Public Prosecutor

ORDER

The petitioners have come forward with this petition seeking a direction to the respondent not to harass the petitioners based on the false complaint dated 28.01.2016 given by Ranjani. 2.Heard the learned counsel appearing for the petitioners as well as the learned Additional Public Prosecutor. 3.The learned counsel appearing for the petitioners would submit that Ranjani is the daughter - in - law of the petitioners 1 and 2 and her husband has died and on the basis of the complaint given by Ranjani, the respondent under the guise of petition enquiry is frequently calling the petitioners and harassing them and hence, he prayed for the above stated relief. https://hcservices.ecourts.gov.in/hcservices/

4.Resisting the same, the learned Additional Public Prosecutor would submit that Ranjani who is the daughter - in - law of the petitioners 1 and 2 has given complaint and enquiry is going on and instead of co-operating with the enquiry, the petitioners have come forward with this petition and there is no harassment. Hence, he prayed for dismissal of the petition. 5.Considering the rival submissions, since on the basis of the complaint given by Ranjani who is the daughter - in - law of the petitioners 1 and 2, enquiry is going on, the petitioners are directed to co-operate with the respondent police for enquiry. The respondent is directed not to harass the petitioners under the guise of enquiry, but let the police investigate into the matter in accordance with law and the mandates as found set out in D.K.Basu Vs. State of West Bengal reported in AIR (1997) SC 610.

6.With the above direction, this Criminal Original Petition is disposed of.

pri -s/d- Assistant Registrar(CS-V) True Copy Sub-Assistant Registrar To

1. The Inspector of Police, T-1, Ambattur Police Station, Ambattur Chennai - 600 053.

2. The Public Prosecutor High Court, Madras.

+ 1 cc to Mr.M.Anandaraj, Advocate SR 10090 lrs(co) prk26/2 Crl.O.P.No.3393 of 2016 https://hcservices.ecourts.gov.in/hcservices/