Madras High CourtCRL OP(MD)/4381/2017closed

D.Kasthuri v. The Superintendent Of Police,

2017-04-13Honourable Mr Justice M. Sathyanarayanan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.04.2017

CORAM:

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN Criminal Original Petition (MD) No.4381 of 2017 D.Kasthuri ... Petitioner Vs.

1. The Superintendent of Police, Madurai District,

2. The Sub-Inspector of Police, Uthappanayakanur Police Station, Madurai District.

3. K.Thangam

4. Pandi

5. Raman

6. K.Theivam

7. P.Gajendrakumar

8. Priyatharsini

9. P.Kathiresan 10.Pandiselvi 11.P.Ponmeenachi 12.S.Jeyamani 13.Sonaimuthaiah 14.K.Mookammal 15.Panjammal 16.O.Packiammal ... Respondents PRAYER: This petition is preferred under Section 482 Cr.P.C to direct the respondent police not to harass the petitioner under the guise of enquiry and not to interfere in civil dispute in O.S.No.25 of 2017 on the file of the District Munsif Court, Usilampatti.

For Petitioner : Mr.J.Jeyakumaran For R-1 -R-2 : Mr.A.P.Balasubramani, Government Advocate(Crl. Side)

ORDER

The petitioner approaches this Court with a prayer to direct the respondent police not to harass the petitioner under the guise of enquiry and not to interfere in civil dispute in O.S.No.25 of 2017 on the file of the Court of District Munsif Court, Usilampatti.

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

3. The learned counsel appearing for the petitioner would submit that the second respondent police under the guise of conducting enquiry, is interfering with the civil rights of the petitioner and hence, prays for appropriate orders.

3. Per contra, the learned Government Advocate(Crl. Side) appearing for the State on instructions would submit that based on the complaint given by the petitioner, a case in Crime No.64 of 2017 was registered on 20.03.2017 by the second respondent against one Kasimayan and three others for the commission of offences under Sections 294(b), 323, 342, 355 and 506(i) of I.P.C and Section 4 of the Prohibition of Harassment of Women Act, 2002 and therefore, the allegations levelled by the petitioner are wholly unfounded and as on today, no petition is pending against the petitioner.

4. In the light of the submissions made by the learned Government Advocate(Crl. Side) appearing for the State, this Criminal Original Petition is closed.

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To

1. The District Munsif, Usilampatti.

2. The Superintendent of Police, Madurai District,

3. The Sub-Inspector of Police, Uthappanayakanur Police Station, Madurai District.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, + 1 CC TO Mr.J.JEYAKUMARAN, ADVOCATE IN SR No. 52173 PM TE/MMS : 05/05/2017 : 3P/6C Crl.O.P(MD).No.4381 of 2017 13.04.2017