Gandhi v. Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.11.2022

CORAM:

THE HON'BLE Ms.JUSTICE R.N.MANJULA Tmt.Gandhi ... Petitioner Vs.

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

2.The Inspector of Police, Ramanatham Police Station, Cuddalore District.

... Respondents PRAYER : This Criminal Original Petition has been filed to direct the second respondent not to harass the petitioner and her son without following due process of law.

For Petitioner : Mr.M.Velmurugan For Respondents : Mr.S.Santhosh, Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been preferred to direct the second respondent not to harass the petitioner and her son without following due process of law.

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

3. The learned counsel for the petitioner submitted that she is being unnecessarily harassed by the second respondent police in the name of enquiry; it is further submitted that she had given a representation to the second respondent on 24.11.2022 by alleging about the offence committed by one Arjunan; but so far no action has been taken against Arjunan instead the petitioner is being harassed every now and then.

4. The learned Government Advocate (Crl.Side) submitted that a complaint has been given by one Arjunan against the petitioner, in which, Current paper enquiry has been initiated and it is pending; the second respondent does not have any complaint given by the petitioner herein.

5. However, the learned counsel for the petitioner submitted that the petitioner has given a representation to the second respondent police in person.

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6. If the representation of the petitioner is not available with the second respondent, the petitioner is at liberty to send one more representation to the second respondent by Registered Post and on receipt of the same, the second respondent shall conduct simultaneous enquiry both on the complaint given by Arjunan and on the representation being sent by the petitioner herein and dispose the same within a period of four weeks from the date of receipt of a copy of this order. The second respondent is directed to follow the guidelines laid down by the Hon'ble Supreme Court in the case of Lalita Kumar Vs State of Uttar Pradesh & another reported in 2014 (2) SCC 1, while conducting enquiry.

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

Index: Yes/No 29.11.2022 Speaking / Non Speaking Order gsk 3/5

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R.N.MANJULA, J gsk To 1.The Superintendent of Police, Cuddalore District, Cuddalore.

2.The Inspector of Police, Ramanatham Police Station, Cuddalore District.

3.The Public Prosecutor, High Court, Madras.

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