Madras High CourtCRL OP(MD)/15901/2015disposed of

B. Umamageshwari v. The Inspector Of Police

2015-09-22Honourable Ms. Justice R.Mala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.09.2015

CORAM

THE HONOURABLE MS.JUSTICE R.MALA Crl.O.P.(MD)No.15901 of 2015 B.Umamageshwari : Petitioner

Versus

1.The Inspector of Police, S.S.Colony Police Station, S.S.Colony, Madurai.

2.The Commissioner of Police, Madurai City, Madurai.

3.B.R.Vijayarajan : Respondents PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure praying to direct the 1st respondent from any way not to interfering with the civil dispute by harassing the petitioner and her family members.

For Petitioner : Mr.V.A.Dhana Aravindha Balaji For M/s.Dhana Law associates For Respondents : Mr.P.Kannithevan, Government Advocate (Crl. Side) ********

O R D E R

Heard both sides.

2. The petitioner has come forward with this application praying to direct the 1st respondent not to interfere with the civil dispute, by harassing the petitioner and her family members.

3. Mr.P.Kannithevan, the learned Government Advocate (crl.side) appearing for the respondents 1 and 2 would submit that, on the basis of a complaint given by the 3rd respondent, a case in Crime No.737 of 2015 has been registered against the petitioner, for the alleged offences under Sections 147, 294(b), 427, 448, 323 and 406 of IPC, on the file of the 1st respondent Police and the petitioner has been arrayed as A2. He would further submit that the respondent Police has not harassing the petitioner.

4. Even though notice served on the 3rd respondent's counsel, and his name is also printed in the cause list, there is no appearance on behalf of the 3rd respondent.

5. Considering the rival submissions made on both sides, the first https://hcservices.ecourts.gov.in/hcservices/

respondent is directed not to harass the petitioner, under the guise of enquiry, but let the police investigate into the matter in accordance with law and the mandates, as found set out in D.K.Basu Vs. State of West Bengal reported in AIR (1997) SC 610. If really, the police want to interrogate, it is open for the police to issue summons to the petitioner. Thereupon, the petitioner shall appear before the police and submit themselves for interrogation.

6. The Criminal Original Petition is disposed of with the above direction.

Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub Assistant Registrar.

To 1.The Inspector of Police, S.S.Colony Police Station, S.S.Colony, Madurai.

2.The Commissioner of Police, Madurai City, Madurai.

Order made in Crl.O.P.(MD)No.15901 of 2015 Dated:

22.09.2015 AM/23.09.2015/GSV.PM/SAR-II/2P/3C https://hcservices.ecourts.gov.in/hcservices/