Madras High CourtCRL OP(MD)/5079/2019disposed of

N.Vaithilingam v. The Superintendent Of Police

2019-04-03Honourable Mr Justice N. Seshasayee2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE N.SESHASAYEE Crl.O.P.(MD)No.5079 of 2019 1.N.Vaithilingam 2.N.Thayammal 3.R.Kathiresan 4.R.Rasiah 5.Jothilakshmi 6.Kala ... Petitioners /Vs./ 1.The Superintendent of Police, Tirunelveli District, Tirunelveli.

2.The Inspector of Police, All Women Police Station, Alangulam, Tirunelveli District.

3.Mariammal ... Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C to direct the 2nd respondent not to harass the petitioners under the guise of enquiry on the basis of the petitioners' representation dated 27.03.2019.

For Petitioners : Mr.M.Sankar For R-1 & R-2 : Mr.V.Neelakandan Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the 2nd respondent not to harass the petitioners under the guise of enquiry on the basis of the petitioners' representation dated 27.03.2019.

2. Heard the learned counsel appearing for the petitioners and the learned Additional Public Prosecutor.

3. The learned counsel appearing for the petitioners submitted that the respondent police are harassing the petitioners.

4. The learned Additional Public Prosecutor submitted that a complaint was preferred by the third respondent herein and the same is being enquired as current paper. He further submitted that https://hcservices.ecourts.gov.in/hcservices/

summon was issued to both parties and petition enquiry was conducted and it was closed on 04.02.2019. He added that the respondent police have not harassed the petitioners and they have no intention to harass them.

5. The statement of the learned Additional Public Prosecutor is recorded.

6. In such circumstances, if at all the respondent police requires the presence of the petitioners for preliminary enquiry / interrogation, they shall issue summons under Section 41 A Cr.P.C., mentioning specific date and time for enquiry and during enquiry, there shall not be harassment. Accordingly, this criminal original petition is disposed of.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS ) To 1.The Superintendent of Police, Tirunelveli District, Tirunelveli.

2.The Inspector of Police, All Women Police Station, Alangulam, Tirunelveli District.

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

+1 CC to M/s.M.SANKAR, Advocate in SR-58795 Crl.O.P.(MD)No.5079 of 2019 03.04.2019 sm PK/02.05.2019 : 2P/5C https://hcservices.ecourts.gov.in/hcservices/