Madras High CourtCRL OP(MD)/6164/2019disposed of

E.Sakila, v. The Superintendent Of Police

2019-04-27Honourable Mr Justice N. Seshasayee2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.04.2019 CORAM :

THE HONOURABLE MR.JUSTICE N.SESHASAYEE Crl.O.P.(MD)No.6164 of 2019 E.Sakila ... Petitioner /Vs./ 1.The Superintendent of Police, Nagercoil District, Nagercoil.

2.The Inspector of Police, Vadacherri Police Station, Nagercoil District.

3.Rajeswaran ... Respondents Prayer: Petition - filed under Section 482 of the Criminal Procedure Code, to direct the respondent no.2 not to harass the petitioner and her family members without any legally sustainable complaint. For Petitioner : Mr.G.Pradeep Dhinakaran For R-1 & R-2 : Mr.V.Neelkandan Additional Public Prosecutor

ORDER

The petitioner complains that she faces harassment at the hands of the second respondent.

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

3. The learned Additional Public Prosecutor submitted that on the basis of a complaint given by the third respondent, a case has been registered in Crime No.41 of 2019 for offences under Sections 294(b), 447, 427 and 506(i) IPC against the petitioner and the matter is pending investigation. The respondent police have neither harassed the petitioner nor intended to harass him. The said statement of the learned Additional Public Prosecutor is recorded.

4. The learned counsel appearing for the petitioner submits that on the basis of the FIR, the Investigating Agency is coercing the petitioner to part with some original documents.

5. Inasmuch as the FIR has been registered against the petitioner, the Investigating Agency is directed to investigate the matter strictly in accordance with law and also directed not to resort any extra legal means while investigating it. In particular, it is not the job of the police to compel the accused in a case to part with the documents.

https://hcservices.ecourts.gov.in/hcservices/

6. Accordingly, this criminal original petition is disposed of. Sd/- Assistant Registrar (CS-III) / True Copy / Sub Assistant Registrar(CS) To 1.The Superintendent of Police, Nagercoil District, Nagercoil.

2.The Inspector of Police, Vadacherri Police Station, Nagercoil District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Crl.O.P.(MD)No.6164 of 2019 27.04.2019 ES/15.05.2019/2P/4C https://hcservices.ecourts.gov.in/hcservices/