Mythili v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.02.2025 CORAM :
THE HON'BLE MR.JUSTICE P.DHANABAL Mythili ... Petitioner Vs
1. The Superintendent of Police, Subramaniapuram, Trichy.
2. The Additional Superintendent of Police, Karur District, Karur.
3. The Inspector of Police, Somarasampettai Police Station, Trichy.
4. The Sub Inspector of Police, Somarasampettai Police Station, Trichy.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents and their officials not to harass or threaten the petitioner and his family members unnecessarily against law, under the guise of enquiry 1/6
by way of issuing summons one after another, when the petitioner already deposed the evidence before the Former ADSP Mr.Kuthalingam and before the Additional Mahila Court, Trichy, on the basis of the petitioner's representation dated 30.12.2024, during the pendency of the contempt Petition (MD).No. 2896 of 2024 in Crl.OP.(MD).No. 11664 of 2024 pending before this Court.
For Petitioner : Mr.N.R.Murugesan, For R1 to R4 : Mr.R.M.Anbunithi Additional Public Prosecutor
O R D E R
This Writ Petition has been filed seeking a direction to directing the respondents and their officials not to harass or threaten the petitioner and his family members unnecessarily against law, under the guise of enquiry by way of issuing summons.
2.According to the petitioner, she is the wife of the deceased and the defacto complainant and based on her complaint, an FIR in Crime No.769 of 2021 was registered for the offence under Sections 294(b), 2/6
109 and 302 of IPC. In this case already investigation has been completed and final report also filed and the same was taken on file and the witnesses were also examined before the concerned Court. While so, the second respondent has frequently issued summonses one after another in order to harass the petitioner. Therefore, this petition has been filed.
3.The learned Additional Public Prosecutor appearing for the respondent police would submit that already investigation has been completed and charge sheet also filed, in which, some of the accused names were deleted. As against the said deletion of accused, a petition in Crl.O.P(MD)No.11664 of 2022 was filed by the petitioner and the same was disposed of with the direction that the investigation shall be directly supervised by the the Inspector General of Police, Central Zone, Tiruchirappalli and the supplementary charge sheet should be filed to the Sessions Court directly since the PRC had already been committed to the Court of Sessions, Tiruchirappalli. Therefore, based on the above said order, they conducted the investigation and no harassment was made by the respondent police as alleged by the petitioner. 3/6
4.Today the second respondent also present before this Court and also stated that he has not harassed the petitioner and only issued summonses for investigation purpose.
5.Since the learned Additional Public Prosecutor submitted that the summonses were issued to the witnesses only for investigation purpose as directed by this Court, recording the said submission, this writ petition is disposed of.
25.02.2025 Internet :Yes Index :Yes/No NCC :Yes/No LR 4/6
To
1. The Superintendent of Police, Subramaniapuram, Trichy.
2. The Additional Superintendent of Police, Karur District, Karur.
3. The Inspector of Police, Somarasampettai Police Station, Trichy.
4. The Sub Inspector of Police, Somarasampettai Police Station, Trichy.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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P.DHANABAL , J.
LR 25.02.2025 6/6