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Madras High CourtCRL OP(MD)/6537/2018dismissed

M. Mariammal v. The Superintendent Of Police

2018-04-23Honourable Mr Justice D. Krishnakumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.04.2018

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR Crl.OP.(MD)No.6537 of 2018 1.M.Mariammal 2.M.Maheswari

...Petitioners

Vs.

1. The Superintendant of Police, Thoothukudi District, Thoothukudi.

2. The Inspector of Police, East Police Station, Kovilpatti, Thoothukudi District.

3.Azhagu Balasubramanian ... Respondents Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the 2nd respondent police not to harass the petitioners herein without due process of law. For Petitioners : Mr.Muthumanickam for M/S.Polax Legal Solutions For R1 and R2 : Mr.K.K.Ramakrishnan Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to direct the 2nd respondent police not to harass the petitioners herein without due process of law.

2.Heard the learned counsel appearing for the petitioners and the learned Additional Public Prosecutor appearing for the respondents.

3.The learned counsel appearing for the petitioners would submit that the third respondent lodged a complaint before the respondent police against the petitioners stating that the first petitioner had stolen the jewels of the complainant and the same https://hcservices.ecourts.gov.in/hcservices/

was given to the second petitioner. He further submitted that the second respondent police had enquired the said complaint and the the same was closed as 'no case'. But, now at the instigation of the third respondent, the second respondent police asked the petitioners to appear for enquiry and hence, when the petitioners appeared for an enquiry, the second respondent police harassed the petitioners under the guise of enquiry and hence, the present petition has been filed.

4.The learned Additional Public Prosecutor appearing for the respondents 1 and 2 would submit that the petitioners have not cooperated with the enquiry. 5.In view of the submission made by the learned Additional Public Prosecutor, this Criminal Original Petition is dismissed. However, this Court directs the second respondent police to conduct an enquiry in accordance with law and the petitioners are also directed to co-operate with the enquiry. Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To

1. The Superintendant of Police, Thoothukudi District, Thoothukudi.

2. The Inspector of Police, East Police Station, Kovilpatti, Thoothukudi District.

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

+ 1 cc TO M/S.Polax Legal Solutions , Advocate in SR No. 62842 Ns AE/JC/SAR3/22.05.2018/2P/5C Crl.OP.(MD)No.6537 of 2018 23.04.2018 https://hcservices.ecourts.gov.in/hcservices/