Madras High CourtCRL OP(MD)/14918/2017closed

Chellamani v. The Inspector Of Police

2017-11-06Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:06.11.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL.O.P.(MD)No.14918 of 2017 Chellamani : Petitioner -VsThe Inspector of Police, Illupur Police Station, Pudukottai District.

: Respondent PRAYER: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the respondent Police not to harass the petitioner.

For Petitioner : Mr.T.A. Ebenezer For Respondent : Mr.K.S. Duraipandian Additional Public Prosecutor ***

O R D E R

This petition is filed for issuing a direction to the respondent Police not to harass the petitioner under the guise of enquiry.

2. The petitioner is the wife of one Ganesan. It is not in dispute that the complaint was received as against the petitioner's husband and the case was registered for the offences under Section 15(3) of Indian Medical Council Act, 1956 and 420 of IPC.

3. It is stated that the petitioner's husband is selling expired medicines without valid licence to the patients. It is also stated by the learned Additional Public Prosecutor appearing for the respondent that the anticipatory bail petition filed by the petitioner's husband was also dismissed.

4. Be that as it may, the contention of the petitioner is that she has been un necessarily harassed by the petitioner. The petitioner has not involved in any crime even as per the statement https://hcservices.ecourts.gov.in/hcservices/

of the learned Additional Public Prosecutor. It is stated that except the enquiry in connection the complaint received as against the petitioner's husband there was no harassment. Even the petitioner was not called for any enquiry in connection with the complaint obtained as against the petitioner's husband.

5. In such circumstances, this Court is inclined to pass the following directions:

"The respondent Police shall take necessary action as against the petitioner's husband in the manner known to law. However, there will not be any harassment of petitioner. Even if the petitioner's appearance is required for any enquiry the respondent Police shall follow the directions and guidelines of the Hon'ble Supreme Court in D.K.Basu Case reported in 1997 (1) SCC 416."

6. With the above observation, the Criminal Original Petition is closed.

Sd/- Assistant Registrar(P&A) /True Copy/ Sub Assistantn Registrar To

1. The Inspector of Police, Illupur Police Station, Pudukottai District.

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

+1cc to Mr.T.A. Ebenezer, Advocate Sr.No.85424 TRP VB/GT/SAR4/17/11/2017/2P/4C CRL.O.P.(MD)No.14918 of 2017 06.11.2017 https://hcservices.ecourts.gov.in/hcservices/