Madras High CourtCRL OP(MD)/2598/2018disposed of

C.Nagammal, v. The Inspector Of Police

2018-02-23Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.02.2018

CORAM:

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM CRL.O.P.(MD)No.2598 of 2018 1.G.Nagammal 2.E.Pitchaimani 3.S.Evad Pushbaraj 4.C.Pasumpon ... Petitioners -vsThe State rep by its The Inspector of Police, All Women Police Station, Sattur, Virudhunagar District.

... Respondent Prayer: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the respondent Police not to harass the petitioner in Crime No. Not known of 2018, on the file of the Inspector of Police, All Women Police Station, Sattur, Virudhunagar District without adhering to the mandatory provision of law contemplated under Section 41A of Criminal Procedure Code 2009. For Petitioners : Mr.K.Prabakar For Respondent : Mr.Prabu Ramachandran Government Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed by the petitioners, to direct the respondent not to harass the petitioners under the guise of enquiry.

2.The learned counsel appearing for the petitioners has submitted that the petitioners are in-laws of the defacto complainant. He further submitted that the defacto complainant gave a false complaint and based on the said complaint, the respondent is harassing the petitioners.

3.The learned Government Advocate (Crl. Side) has submitted that the defacto complainant has lodged a complaint on 22.01.2018 against the petitioners herein and only for the purpose of enquiry, summons have been sent to the petitioners but they refused to receive the summons and hence the said complaint is still pending. https://hcservices.ecourts.gov.in/hcservices/ 4.Since, the petitioners refused to receive the summons, the

respondent need not send summons to the petitioners again. The respondent is directed to make enquiry with the complaint and if the enquiry reveals any cognizable offence, then he has to register a case and proceed further in accordance with law. 5.Recording the aforesaid submissions, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (CS-I) /True Copy/ Sub Assistant Registrar To

1. The Inspector of Police, All Women Police Station, Sattur, Virudhunagar District.

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

IA TE/KKR/SAR-1 : 21/03/2018 : 2P/3C CRL.O.P.(MD)No.2598 of 2018 23.02.2018 https://hcservices.ecourts.gov.in/hcservices/