Madras High CourtCRL OP(MD)/2295/2018disposed of

Shahul Hameed Basith v. The Superintendent Of Police

2018-02-16Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.02.2018

CORAM:

THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM CRL.O.P.(MD)No.2295 of 2018 1.Shahul Hameed Basith 2.K.Haironsha ... Petitioners -Vs1. The Superintendent of Police, Ramanathapuram District.

2. The Inspector of Police, All Women Police Station, Keezhakarai, Ramanathapuram District.

3.Safrin Saffia ... Respondents PRAYER: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the respondents police to not to harass the petitioners and their family members in the pretend of petition enquiry on the file of the respondents police. For Petitioner : M/s.Dhana Law Associates V.A.Dhana Aravindha Balaji For RR 1 & 2 : Mr.Prabu Ramachandran, Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed to direct the respondents 1 and 2 not to harass the petitioners under the guise of enquiry based upon the complaint given by the third respondent. 2.The learned counsel for the petitioner has submitted that the first petitioner is the husband of the third respondent and the second petitioner is the mother-in-law of the third respondent. He further submitted that due to family dispute, the third respondent gave a false complaint before the second respondent and based on the said complaint, the second respondent is harassing the petitioners.

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3.The learned Government Advocate (Crl.side) has submitted that based on the complaint given by the third respondent, the second respondent has registered a case in Crime No.1 of 2018 under Section 498 A of I.P.C and Section 4 of Tamil Nadu Women Harassment Act and Section 4 of Dowry Prohibition Act. He further submitted that the petitioners were not subjected to any harassment.

4.Considering the aforesaid submissions, since already a case has been registered against the petitioners herein, it is open to the first respondent to proceed against the petitioner by following procedure prescribed under Section 41 A of Cr.P.C. 5.With the aforesaid observations, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(AS) /True Copy/ Sub Assistant Registrar To

1. The Superintendent of Police, Ramanathapuram District.

2. The Inspector of Police, All Women Police Station, Keezhakarai, Ramanathapuram District.

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+ 1 cc TO M/S.Dhana Law Associates , Advocate in SR No. 49123 das AE/GT/SAR3/14.03.2018/2P/5C C.RL.O.P.(MD)No.2295 of 2018 16.02.2018 https://hcservices.ecourts.gov.in/hcservices/