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Madras High CourtCRL OP/22348/2023dismissed

T.Meena Manjunathan v. The State Rep By

2023-10-06Honourable Dr Justice G. Jayachandran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 06.10.2023 CORAM :

THE HONOURABLE Dr. JUSTICE G.JAYACHANDRAN and Crl.M.P. Nos.15514 & 15516 of 2023 Mrs.T.Meena Manjunathan ... Petitioner -vs1.The State Rep. by its The Inspector of Police, T-19, Kelambakkam Police Station, Pallikaranai.

2.Prabhakaran

...Respondents

PRAYER : Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to call for the records and quash the Summons under Section 91 Cr.P.C. Dated 14.09.2023 in C.S.R.No.492 of 2023 issued against the Petitioners on the file of T-19 Kelambakkam Police Station. For Petitioner : Mr.Anil Relwani For Respondents : Mr.S.Udaya Kumar, Government Advocate (Crl.Side)

ORDER

The petitioner herein who received summons from the respondent police under Section 91 of Cr.P.C is before this Court alleging that the complainant is Page No.1/4

not a real landlord and she is a tenant under one Dhanraj, who passed away few months ago, but for some reasons, the police harassed the petitioner.

2. Whileso, the respondent police issued summons under Section 91 of Cr.P.C, is not warranted. This Court after perusing the records finds that the summons which is now impugned is sent to the petitioner to appear and produce documents for a valid possession of disputed premises. There is no reason to fly away and refuse to produce documents.

3. It is the duty of the petitioner herein to appear before the Station House Officer who is enquired the matter to place all the documents to substantiate and justify the possession of the house. Without participating the enquiry, she cannot stay away and seek indulgence of the Court which will tantamount to interfere the lawful investigation of Police. Hence, this petition is dismissed. Consequently, connected miscellaneous petitions are also dismissed.

06.10.2023 Internet : Yes/No Index : Yes/No rkp Page No.2/4

To 1.The Inspector of Police, T-19, Kelambakkam Police Station, Pallikaranai.

2.The Public Prosecutor, Madras High Court, Madras.

Page No.3/4

Dr.G.JAYACHANDRAN, J.

rkp and Crl.M.P. Nos.15514 & 15516 of 2023 06.10.2023 Page No.4/4