P.Jennifer, v. The Commissioner Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.07.2019
CORAM
THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN CRL.O.P.(MD).No.9228 of 2019 P.Jennifer : Petitioner Vs.
1.The Commissioner of Police, Commissioner Office, K.Pudur, Madurai City.
2.The Inspector of Police, Tallakulam Police Station, Tallakulam, Madurai.
3.Vasantha : Respondents PRAYER : Petition is filed under Section 482 of Criminal Procedure Code to direct the second respondent not to harass the petitioner upon the instigation by the third respondent. For Petitioner : Mr.V.Santhakumaresan For Respondents 1 & 2 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl, side) For Respondent No.3 : Mr.P,Thilak Kumar ******
ORDER
The petitioner seeks for a direction to the second respondent not to harass her upon the instigation by the third respondent.
2. The grievance of the petitioner is that based on the complaint given by the third respondent herein, the second respondent frequently called the petitioner for enquiry and harassed her under the guise of enquiry. Hence, she made a representation before the first respondent. Since no action was taken by the respondent Police, the petitioner has filed the present Petition.
3. The learned counsel appearing for the petitioner would submit that the petitioner and the third respondent entered into a lease agreement in respect of the house belongs to the third respondent and also she paid the advance amount. Thereafter, the third respondent asked the petitioner to vacate her from the building. But the petitioner did not do so, hence, the third respondent sent some persons to the petitioner's office and attacked the petitioner. In the above circumstances, the petitioner has filed a complaint before the second respondent Police, but no action has been taken. Now, at the instigation of the third respondent, the second respondent is harassing the petitioner, hence, the petitioner has filed the present petition.
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4. The learned Government Advocate (Crl. side) appearing for the respondents 1 and 2 submitted that, now the third respondent has lodged a complaint against the petitioner. Based on the complaint given by the third respondent, the second respondent has registered a case in Crime No.962 of 2019, for the offences under Sections 448, 294(b) and 506 (2) of the Indian Penal Code and now the second respondent is conducting the investigation.
5. The learned counsel appearing for the third respondent would submit that, earlier, the third respondent agreed to leaseout the house to the petitioner, subsequently, she came to know that identity proof given by the petitioner is not correct, he requested the petitioner to vacate the house and also criminally intimidated her, so she has filed the complaint. A copy of the complaint has also been produced before this Court
6. Now the crime has been registered against the petitioner and is pending investigation. In the above circumstances, the second respondent Police is directed to conduct investigation in proper manner, and in accordance with law and complete the same as expeditiously as possible. Further, the second respondent Police is directed not to harass the petitioner under the guise of investigation.
7. Accordingly, the Criminal Original Petition stands disposed of.
Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS ) To 1.The Commissioner of Police, Commissioner Office, K.Pudur, Madurai City.
2.The Inspector of Police, Tallakulam Police Station, Tallakulam, Madurai. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to Mr..V.SANTHAKUMARESAN, Advocate SR-72720. +1 CC to Mr.P.THILAK KUMAR, Advocate SR-72689 Order made in CRL.O.P.(MD).No.9228 of 2019 Dated:02.07.2019 CS/ /SAR/18.07.2019/ 2P/ 6C https://hcservices.ecourts.gov.in/hcservices/