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Madras High CourtCRL OP(MD)/8703/2019closed

Depethi, D/O. Murugan v. The Superintendent Of Police,

2019-06-21Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.06.2019

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Crl.O.P.(MD) No.8703 of 2019 Deepthi : Petitioner

Versus

1.The Superintendent of Police, Theni District.

2.The Inspector of Police, All Women Police Station, Bodinayackanur, Theni District.

3.Balaji : Respondents Prayer: Petition is filed under Section 482 of the Criminal Procedure Code praying to direct the first respondent to instruct the second respondent not to harass the petitioner under the guise of enquiry without any case.

For Petitioners : Mr.A.Uthayakumar For R-1 & R-2 : Mr.K.K.Ramakrishnan Additional Public Prosecutor *******

O R D E R

This petition has been filed seeking for a direction to the second respondent Police not to harass the petitioner under the guise of enquiry.

2.According to the petitioner, due to the matrimonial dispute between the petitioner and the third respondent, she gave a complaint to the second respondent Police against the third respondent herein. The third respondent, who is none other than husband of the petitioner. After receiving the complaint, the respondent Police called upon the petitioner and the third respondent for enquiry.

3.At the time of enquiry, the respondent Police received the educational certificates of the petitioner and also supported the third respondent. Hence, the petitioner has filed the present petition seeking for a direction to the second respondent Police not to harass her.

4.The learned counsel appearing for the petitioner submitted that the respondent Police is harassing the petitioner to withdraw the complaint and the enquiry conducted by the respondent Police was not in a proper manner.

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5.Today, when the matter was taken up for hearing, Mr.K.K.Ramakrishnan, learned Additional Public Prosecutor, appearing for the State on instructions would submit that based on the complaint given by the petitioner, enquiry has been conducted. He further submitted that the respondent Police have neither harassed the petitioner nor intended to harass her.

6.Considering the facts and circumstances of the case, this Court is of the view that the second respondent is directed to handover all the educational ceriticates to the petitioner, if not already handed over and conduct the enquiry in a proper manner and during the enquiry, there shall not be any harassment by the respondent Police to the petitioner.

7.This Criminal Original Petition stands closed with the above directions.

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

2.The Inspector of Police, All Women Police Station, Bodinayackanur, Theni District.

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

+1 CC to M/s.A.UTHAYA KUMAR, Advocate SR-70596. Order made in Crl.O.P.(MD) No.8703 of 2019 21.06.2019 CS: (08/07/2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/