Chinnapappa v. The Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.11.2022

CORAM

THE HONOURABLE MS.JUSTICE R.N.MANJULA 1.Chinnapappa 2.Sivakumar 3.Mailsamy ...

Petitioners vs.

State Rep.by 1.The Superintendent of Police, Krishnagiri, Krishnagiri District.

2.The Sub-Inspector of Police, Nagarasampatti Police Station, Krishnagiri District.

... Respondents Prayer : Criminal Original Petition has been filed under Section 482 of Cr.P.C., to direct the second respondent police not to harass the petitioners based on the summons issued on 20.06.2022 and 26.08.2022 on the basis of the complaint given by one Vellikannu.

For Petitioners : Mr.P.M.Jayachandran For Respondents : Mr.S.Santhosh, Govt. Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed to direct the second respondent police not to harass the petitioners due to the summons issued on 20.06.2022 and 26.08.2022, on the basis of the complaint given by one Vellikannu.

2. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.Side) appearing for the respondents.

3. The petitioner is the wife of one Vellikannu and the second and third petitioners are their sons.

4. The learned counsel for the petitioner submitted that there is a dispute between the first petitioner and her husband Vellikannu; in view of the same, they lived separately and the husband of the first petitioner is living a wayward life; frequent quarrels arise between Vellikannu and the petitioners; in this regard, he is giving frequent complaints to the police against the petitioners; in view of that, they have been harassed by the respondent police;

5. The learned Government Advocate (Crl.Side) submitted that on the complaint given by Vellikannu, a case has been registered in Crime No.73 of 2022 against the petitioners; once again, the very same complainant has given a complaint and on which CSR Number was assigned in CSR No.223 of 2022 and the enquiry has been completed and the said petition was closed.

6. Since the petitioners are accused in earlier Crime No.73 of 2022, it is obligatory on the part of the petitioners to go and appear before the respondent police and co-operate for the investigation. However if the complainant in Crime No.73 of 2022 continues to give complaint for the same issue, no further action shall be taken by the respondent. It is understandable that the respondent has closed the complaint in CSR No.223 of 2022 only for that reason. However while enquiring the petitioners with regard to the Crime No.73 of 2022, the respondent shall not adopt any third degree methods and do the need full in accordance with law.

7. With the above observations, this Criminal Original Petition is

disposed.

09.11.2022 Index: Yes/No Internet: Yes/No gsk To

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

2.The Sub-Inspector of Police, Nagarasampatti Police Station, Krishnagiri District.

3.The Public Prosecutor, High Court, Madras.

R.N.MANJULA ,J.

gsk 09.11.2022