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Madras High CourtCRL OP(MD)/3210/2017disposed of

M.Kesavapandiammal v. The Commissioner Of Police

2017-03-23Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.03.2017

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD) No.3210 of 2017 M.Kesavapandiammal ... Petitioner -vs1.

The Commissioner of Police, Alagar Kovil Main Road, Madurai City, Madurai-2.

2.

The Assistant Commissioner of Police, Crime Branch, Thallakulam, Madurai.

... Respondents Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the 2nd respondent not to harass the petitioner.

For Petitioner : M/s.A.Banumathy For Respondents : 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.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the State. Mr.S.Soundara Rajan, Sub-Inspector of Police is present.

3. On instructions, learned Government Advocate (Crl.Side) submitted that a complaint was made by Global City Residents' Welfare Association against this petitioner alleging that the petitioner received Rs.40,000/- from the residents of flats called Global City, promising to get water connection and thereafter, neither got water connection nor returned the amount. When the residents demanded the return of the amount, it is alleged that the petitioner started threatening them. On this complaint, the Assistant Commissioner of Police, Tallakulam conducted an enquiry, in which the petitioner appeared and sought time to return the amount before 10.03.2017. Since the petitioner did not comply with the undertaking, the Police have called her for enquiry. At this juncture, the petitioner has filed the present petition of not to harass.

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4. Learned counsel for the petitioner submitted that the petitioner has also given a complaint against some persons.

5. Be that as it may, 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 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(AD-II) /TRUE COPY/ SUB ASSISTANT REGISTRAR To:

1.

The Commissioner of Police, Alagar Kovil Main Road, Madurai City, Madurai-2.

2.

The Assistant Commissioner of Police, Crime Branch, Thallakulam, Madurai.

3.

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

Ar MAS/KP/SAR3:20.04.2017:2P-4C Crl.O.P.(MD) No.3210 of 2017 23.03.2017 https://hcservices.ecourts.gov.in/hcservices/