Madras High CourtCRL OP(MD)/3040/2018disposed of

K.Latha Pandi v. The Commissioner Of Police

2018-03-09Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.03.2018

CORAM

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM Crl.O.P.(MD) No.3040 of 2018 1.K.Latha Pandi 2.U.Kannan 3.K.Prakash ... Petitioners -Vs1. The Commissioner of Police, Madurai City, Madurai District.

2. The Inspector of Police, K.Pudur Police Station, Madurai City.

... Respondents Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the second respondent not to harass the petitioners and their family members on the guise of enquiry with respect to a false and frivolous enquiries by the second respondent.

For Petitioners :

Mr.S.Sivaprakash For Respondents :

Mr.Prabu Ramachandran Government Advocate(Crl.side)

O R D E R

This petition has been filed to direct the second respondent not to harass the petitioners under the guise of enquiry. 2.The learned counsel for the petitioners has submitted that the second respondent is unnecessarily harassing the petitioners, without any basis.

3.The learned Government Advocate (Crl.side) has submitted that already two cases have been registered against the third petitioner herein, one is in Cr.No.1496/2017 under Sections 294 https://hcservices.ecourts.gov.in/hcservices/

(b), 323 and 324 IPC and another one is Cr.No.350 of 2016 under Section 302 IPC. He further submitted that recently an information has been received against the petitioners and hence, it has been registered in LIR.No.2 of 2018 and only for enquiry purpose they were called and they also appeared before the second respondent, but they were not subjected to any harassment. 4.The learned counsel for the petitioners, by way of reply, has submitted that if there is any petition pending against the petitioners, the second respondent may issue summons to them and instead of doing so, the second respondent is coming to the petitioners' house even during night hours and giving unnecessary troubles to them.

5.Considering the aforesaid submissions, it is made clear that if any petition is pending against the third petitioner, it is always open to the second respondent to issue summons and call him for enquiry and instead of doing so, he should not harass the petitioner under the guise of enquiry.

6.With the aforesaid observation, this criminal original petition is disposed of.

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

1. The Commissioner of Police, Madurai City, Madurai District.

2. The Inspector of Police, K.Pudur Police Station, Madurai City.

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

+ 1 cc TO Mr.S.Sivaprakash , Advocate in SR No. 54350 rmk AE/KK/SAR1/27.03.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/ Crl.O.P.(MD) No.3040 of 2018 09.03.2018