Sajitha Parveen v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.03.2021 CORAM :

THE HONOURABLE Mrs. JUSTICE R. HEMALATHA Sajitha Parveen

...Petitioner

/Vs./ 1.The Commissioner of Police, O/o. Commissioner of Police, Madurai City, Madurai.

2.The Assistant Commissioner of Police, O/o. Thallakulam Police Station, Thallakulam, Madurai City, Madurai.

3.The Inspector of Police, O/o. Thallakulam Police Station, Thallakulam, Madurai City, Madurai.

4.P.Revathy

...Respondents

Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the third respondent not to harass the petitioner.

For Petitioner : Mr.T.Lajapathi Roy For Respondents 1 to 3 : Mr.A.Robinson Government Advocate (Criminal Side) For Respondent No.4 : Mr.R.Gandhi

ORDER

This petition is filed seeking for a direction to the third respondent not to harass the petitioner.

2.The main grievance of Mr.T.Lajapathi Roy, learned counsel for the petitioner is that the third respondent, based on the complaint lodged by the fourth respondent, is harassing the present petitioner. It is also the submission of the learned counsel for the petitioner that for non payment of rents by the petitioner, the fourth respondent lodged a complaint with the third respondent.

1/3

3.Mr.A.Robinson, learned Government Advocate (Criminal Side), who accepts notice for the respondents 1 to 3, on instructions, would contend that the complaint lodged by the fourth respondent was registered in C.No.R4/D1 L&O PS/2021 and posted for enquiry. 4.Mr.R.Gandhi, learned counsel for the fourth respondent, contended that the fourth respondent is a widow and she requires the premises, in which the petitioner is a tenant for her own use and occupation and when the fourth respondent requested the petitioner to vacate the premises, the petitioner and her husband abused her in filthy language and also threatened her with dire consequences apart from attacking her with their hands. 5.Under the circumstances, this Criminal Original Petition is disposed of with a direction to the third respondent to follow the guidelines issued in the decision in D.K.Basu Vs. State of West Bengal reported in AIR (1997) SC 610 and Lalita kumari vs. Government of Uttarpradesh and Others reported in AIR 2014 SC 187. Sd/- Assistant Registrar (Writ) // True Copy // / /2021 Sub Assistant Registrar(CS) Note:

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

2/3

To 1.The Commissioner of Police, O/o. Commissioner of Police, Madurai City, Madurai. 2.The Assistant Commissioner of Police, O/o. Thallakulam Police Station, Thallakulam, Madurai City, Madurai.

3.The Inspector of Police, O/o. Thallakulam Police Station, Thallakulam, Madurai City, Madurai.

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

+1 CC to M/s.R.GANDHI, Advocate ( SR-11225[F] dated 15/03/2021 ) 12.03.2021 sm nsv (24.04.2021) 3P 6C 3/3