Sarasvathy v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.02.2023

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR Sarasvathy ... Petitioner Vs.

1.State represented by The Superintendent of Police, Virudhunagar, Virudhunagar District.

2.The Deputy Superintendent of Police, Aruppukottai, Virudhunagar District.

... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the first respondent not to harass the petitioner in the guise of enquiry on the basis of the false complaint given by the defacto complainant.

For Petitioner : Mr.B.Azarudheen, for Mr.B.Mahendrarajan.

For Respondents : Mr.SS.Madhavan, Government Advocate (Crl. Side) 1/4

ORDER

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders, to direct the first respondent not to harass the petitioner in the guise of enquiry on the basis of the false complaint given by the defacto complainant.

2. When the matter is taken up for hearing today, the learned Government Advocate (Criminal Side) appearing for the respondents would submit that the complainant has given a complaint as if, the petitioner's husband has received Rs.1 lakh, for getting Government job and that since the petitioner's husband had died subsequently, the complainant has been demanding the petitioner to repay the amount. He would further submit that current paper is pending before the second respondent.

3. Recording the submission, the second respondent is directed to conduct enquiry and to follow the dictum laid down in the case of Lalita Kumari Vs. Government of Uttar Pradesh and Others reported in (2014) 2 SCC 1 and pass orders in accordance with law. 2/4

4. With the above direction, this Criminal Original Petition stands disposed of.

15.02.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No das To 1.The Superintendent of Police, Virudhunagar, Virudhunagar District.

2.The Deputy Superintendent of Police, Aruppukottai, Virudhunagar District.

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

3/4

K.MURALI SHANKAR,J.

das Order made in Dated: 15.02.2023 4/4