Madras High CourtCRL OP(MD)/1978/2017closed

Janaki, v. The Superintendent Of Police,

2017-06-09Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.06.2017

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD) No.1978 of 2017 Janaki ... Petitioner -vs1. The Superintendent of Police, Kanyakumari District, Nagercoil.

2. State rep. by its The Sub-Inspector of Police, All Women Police Station, Colachel, Kanyakumari District.

3. Sheela Kumari ... Respondents Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the 2nd respondent not to harass the petitioner based on the complaint given by one Sheelakumari. For Petitioner : Mr.T.Selvakumaran For R1 & R2 : Mr.K.Anbarasan Govt. Advocate (Crl.Side) *****

O R D E R

This petition has been filed to direct the 2nd respondent not to harass the petitioner based on the complaint given by one Sheelakumari.

2. Heard the learned counsel for the petitioner, learned Government Advocate (Crl.Side) appearing for the State and perused the materials placed on record.

3. It is represented by the learned Government Advocate (Crl.Side) that, on the complaint given by R3, a petition enquiry has been conducted, in which the petitioner is said to have appeared before the Police and had agreed to settle the matter amicably, but whereas she has not done so and therefore, petition enquiry is still pending against this petitioner.

4. In view of the above, the respondent police are directed to proceed with the enquiry and the petitioner is directed to participate in the enquiry and during enquiry, she shall not be harassed. During the course of enquiry, if any cognizable offence https://hcservices.ecourts.gov.in/hcservices/

is made out, the respondent police is free to register an FIR and this order shall not be a shield for the petitioner against arrest.

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

Sd/- Assistant Registrar (Crl.Side) /True copy/ Sub Assistant Registrar To:

1. The Superintendent of Police, Kanyakumari District, Nagercoil.

2. The Sub-Inspector of Police, All Women Police Station, Colachel, Kanyakumari District.

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

+1 CC to M/s.T.SELVAKUMARAN, Advocate, SR No. 59602. AR PSM/SV-MMS/SAR1/16.06.2017/2P/5C Crl.O.P.(MD) No.1978 of 2017 09.06.2017 https://hcservices.ecourts.gov.in/hcservices/