Habibunnisa v. The Commissioner Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.12.2024

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN Habibunnisa ... Petitioner Vs.

1. The Commissioner of Police, Office of the Commissioner of Police, Greater Chennai, Vepery, Chennai - 600 007.

2. The Inspector of Police, (Law & Order), K5, Peravallur Police Station, Chennai - 600 082.

3. Shaheen Begum ... Respondents Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C./ 528 BNSS, 2023, to direct the second respondent not to harass the petitioner and her son under the guise of enquiry, in pursuance of the complaint given before the second respondent by the third respondent. For Petitioner : Mr.A.Mohamed Musthafa For Respondents : Mr.S.Sugendran Additional Public Prosecutor for R1 and R2 1/5

O R D E R

This Criminal Original Petition is filed to direct the second respondent not to harass the petitioner and her son under the guise of enquiry, in pursuance of the complaint given by the third respondent.

2. Learned counsel for the petitioner submitted that there was a property dispute between the petitioner and the third respondent, who is none other than the wife of the petitioner's brother and in order to take wreck vengeance against the petitioner, the third respondent has given a false complaint against the petitioner. He further submitted that now the petitioner is ready to appear for enquiry, however, she apprehends that she may be harassed under the guise of enquiry by the second respondent/Police. Hence, the present petition.

3. Learned Additional Public Prosecutor appearing for the respondents 1 and 2/Police submitted that based on the complaint given by the third respondent against the petitioner, the second respondent/Police has sent summons to the petitioner, but she refused to receive the same and also not co-operated for the enquiry. 2/5

4. On a perusal of the records, it is seen that based on the complaint given by the third respondent, the second respondent/Police sent summons to the petitioner for enquiry, but she refused to receive the same. When there is a complaint alleging commission of cognizable offence, the Police is bound to enquire the matter and decide the same in accordance with law. It is the duty of the petitioner to receive the summons either sent by the Investigating Officer or by any other competent authority. Mere refusal of summons itself shows that the petitioner is not interested in co-operating for enquiry. Calling the petitioner for enquiry cannot be considered as harassment. Therefore, this Criminal Original Petition is dismissed. However, the petitioner is at liberty to work out her remedy in the manner known to law. 21.12.2024 Index : Yes/No Speaking Order : Yes/No ms 3/5

To

1. The Commissioner of Police, Office of the Commissioner of Police, Greater Chennai, Vepery, Chennai - 600 007.

2. The Inspector of Police, (Law & Order), K5, Peravallur Police Station, Chennai - 600 082.

3.The Public Prosecutor, High Court, Madras.

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P.VELMURUGAN, J ms 21.12.2024 5/5