Madras High CourtCRL OP(MD)/5229/2020ordered

M.Banu v. The Superintendent Of Police

2020-11-03Honourable Mrs Justice J. Nisha Banu2 pages

Crl.O.P(MD)No.5229 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.11.2020

CORAM:

THE HONOURABLE MRS. JUSTICE J.NISHA BANU Crl.O.P(MD)No.5229 of 2020 1.M.Banu 2.Ramasamy 3.Swetha

...Petitioners

Vs 1.State represented by The Superintendent of Police, Sivagangai District, Sivagangai.

2.The Inspector of Police, Singampunari Police Station, Sivagangai District.

...Respondents

PRAYER: Petition filed under Section 482 of Code of Criminal Procedure, to direct the 2nd respondent not to harass the petitioners under the guise of enquiry.

For Petitioners : Mr.V.Balu For Respondents : Mr.V.Neelakandan Additional Public Prosecutor.

O R D E R

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

2. The petitioners allege harrasment at the hands of the second respondent. The petitioners are wife, father and daughter respectively of one Manikandan, who is involved in a criminal case. It is seen from the affidavit filed in support of the petition that the second petitioner is leading the entire family and the petitioners are no way in connection with the offence committed by the accused Manikandan. It is further submitted that in earlier occasion, this Court had specifically directed the respondents not to harass the petitioners. Inspite of the order passed by this Court, the petitioners are insisted to be present before the respondents.

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Crl.O.P(MD)No.5229 of 2020 3.The learned Additional Public Prosecutor appearing for the respondents submitted that a criminal case was registered against the said Manikandan, relating to kidnapping of a minor girl. 4.Having regard to the facts narrated by the learned counsel for the petitioners and the submission of the learned Additional Public Prosecutor for the respondents, this Court is of the view that the petitioners, who are not involved in any crime need not be harassed under the guise of enquiry. If at all, any enquiry is conducted and the presence of the petitioners is required, the same shall be done only after issuing summons prescribing date and time of hearing.

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

Sd/- Assistant Registrar(Records) // True Copy // / /2020 Sub Assistant Registrar(CS) vrn 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 Superintendent of Police, Sivagangai District, Sivagangai.

2.The Inspector of Police, Singampunari Police Station, Sivagangai District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.V.BALU, Advocate ( SR-20895[F] dated 03/11/2020 ) Crl.O.P(MD)No.5229 of 2020 03.11.2020 SS(CO) TR(11.11.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2