R.Shanmugavalli v. The Commissoner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.10.2023

CORAM

THE HONOURABLE DR.JUSTICE G. JAYACHANDRAN 1.R.Shanmugavalli 2.S.Chellappan ... Petitioners Vs.

1.The Commissioner of Police, Tambaram Commissionerate, Tambaram, Chennai - 600 119.

2.The Inspector of Police, Peerkankaranai Police Station, Chennai.

... Respondents Prayer: Criminal Original Petition is filed under Section 482 of the Criminal Procedure Code, pleased to direct the second respondent not to harass the petitioners.

For Petitioners : Mr.E.P.Senniyangiri For Respondents : Mr.S.Udaya Kumar, Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition is filed for a direction to the respondent police not to harass.

2.

The learned Government Advocate (Crl.Side) appearing for the State submitted that based on the complaint given by one Maheswari alleging that her property has been dishonestly sold by her husband (2nd petitioner herein) to the 1st petitioner herein, enquiry been conducted. There is no harassment in response to the summons, the petitioner appeared on 06.09.2023 and the investigation is pending. Unless and until, there is any cognizable offence is made out, the police may not proceed restrain FIR and investigation, for that the police is required for cooperation during the petition enquiry.

3.

Recording the same, this Criminal Original Petition is disposed of with a direction to the respondent police in future, if they required the presence of the petitioners, they shall cause summons in writing and conduct the enquiry for the disposal of pending C.S.R.No.1105 of 2023 given by Maheswari.

20.10.2023 rpl Index : Yes / No Speaking order / Non-speaking order

To 1.The Commissioner of Police, Tambaram Commissionerate, Tambaram, Chennai - 600 119.

2.The Inspector of Police, Peerkankaranai Police Station, Chennai.

3.The Public Prosecutor, Madras High Court, Chennai.

Dr.G. JAYACHANDRAN, J.

rpl 20.10.2023