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Madras High CourtCRL OP(MD)/3221/2021disposed of

Selvi v. The Superintendent Of Police

2021-03-02Honourable Mrs Justice R. Hemalatha3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.03.2021 CORAM :

THE HONOURABLE Mrs. JUSTICE R. HEMALATHA Selvi ... Petitioner Vs.

1.The Superintendant of Police Kanyakumari District, Nagercoil.

2.The Inspector of Police All Women Police Station, Nagercoil, Kanyakumari District.

3.The Inspector of Police All Women Police Station, Marthandam, Kanyakumari District.

... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondents 2 and 3 not to harass the petitioner and her son.

For Petitioner : Mr.T.Selvakumaran For Respondents : Mr.R.Erottuchamy, Government Advocate (Criminal Side)

ORDER

The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, praying to direct the respondents 2 and 3 not to harass the petitioner and her son. 2.The main grievance of the petitioner is that though the petitioner attended the enquiry conducted by the second respondent / Inspector of Police, All Women Police Station, Nagercoil, she has been frequently harassed by the Inspector of Police, All Women Police Station, Nagercoil. Therefore, she prays for a direction to the respondents 2 and 3 not to harass the petitioner. 1/3

3.Mr.R.Erottuchamy, learned Government Advocate (Criminal side), who accepts notice on behalf of the respondents, on instructions, would submit that one Sandhya, daughter-in-law of the petitioner, lodged a complaint against the petitioner, her son and two others and the same was registered in C.S.R.No.77 of 2020 and is pending for enquiry.

4.Recording the submissions made by the learned Government Advocate (Criminal side), the respondents / police are directed to follow the guidelines issued in the decisions in D.K.Basu Vs. State of West Bengal reported in AIR (1997) SC 610 and Lalitha Kumari Vs. Government of Uttarpradesh reported in (2014) 2 SCC 1. 5.With the above observation, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) rm Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Superintendant of Police Kanyakumari District, Nagercoil.

2.The Inspector of Police All Women Police Station, Nagercoil, Kanyakumari District.

3.The Inspector of Police All Women Police Station, Marthandam, Kanyakumari District.

2/3

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

+1 CC to M/s.T.SELVAKUMARAN, Advocate ( SR-8481[F] dated 03/03/2021 ) 02.03.2021 na(CO) TR(11.03.2021) 3P 6C 3/3