C.Mohamed Asif Zaheer v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.11.2022

CORAM

THE HONOURABLE MS.JUSTICE R.N.MANJULA 1.C.Mohamed Asif Zaheer 2.F.Farhana ...

Petitioners Vs.

The Inspector of Police, W7, All Women Police Station, Anna Nagar, Chennai - 40.

... Respondent Prayer : Criminal Original Petition has been filed under Section 482 of Cr.P.C., to direct the respondent not to harass the petitioners. For Petitioners : Mr.S.N.Subramani For Respondent : Mr.S.Santhosh, Govt. Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed to direct the respondent not to harass the petitioners.

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

3. The learned counsel for the petitioners submitted that the first petitioner has married one Yasmin on 04.05.2014; since the couple did not have better understanding between themselves, they had lot of domestic issues; the second petitioner is the sister of the first petitioner; the wife of the first petitioner had given a complaint against the petitioners by making some false allegations and on which, the respondent police is conducting enquiry; in the guise of enquiry, the respondent is summoning the petitioners frequently and that causes lot of inconvenience to the petitioners; the first petitioner is working in IT Company and he is not able to attend his work regularly; therefore, the petitioners are before this Court.

4. The Government Advocate (Crl.Side) submitted that the complaint given by the defacto complainant was taken on file in C.No.186/AC.AKM/G 2022 on 31.10.2022 and enquiry is being conducted; the petitioners are evading to appear for the enquiry, that is the

reason for delay.

5. The second petitioner being a lady, the respondent police shall not summon to make her appearance in the police station. If needed, the respondent shall go to the residence of the second petitioner and make relevant enquiries in this regard. It is also worthwhile to refer the judgment of the Hon'ble Supreme Court held in the case of Lalita Kumar Vs State of Uttar Pradesh & another reported in 2014 (2) SCC 1, wherein, the guidelines have been laid down as to how the enquiry on the complaint has to be conducted.

6. With the above observations, the respondent is directed to complete the enquiry and do the needful in accordance with law, within a period of two weeks from the date of receipt of a copy of this order.

7. In the result, this Criminal Original Petition is disposed. Index: Yes/No 11.11.2022 Internet: Yes/No gsk R.N.MANJULA ,J.

gsk To 1.The Inspector of Police, W7, All Women Police Station, Anna Nagar, Chennai - 40.

2.The Public Prosecutor, High Court, Madras.

11.11.2022