Madras High CourtCRL OP(MD)/5167/2017closed

K.Nainan v. The Superintendent Of Police

2017-04-26Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.04.2017

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH CRL.O.P.(MD)No.5167 of 2017 1.K.Nainan 2.K.Muthammal 3.P.Valli : Petitioners Vs.

State represented through 1.The Superintendent of Police Sivagangai District, Sivagangai.

2.The Inspector of Police, Puzhuthi patti Police Station, Sivagangai District, Sivagangai.

3.Palaniyammal 4.Thirupathi 5.Palanikumar : Respondents Prayer:Criminal Original Petition is filed under Section 482 of Code of Criminal Procedure praying to direct the 2nd respondent not to harass these petitioners under the guise of booking them under false cases and not to insist the 1st petitioner to withdraw the complaint given before the 2nd respondent and also not to insist the 1st petitioner to discharge himself from Manaparai Government Hospital from his treatment.

For Petitioners : Mr.J.William Christopher For Respondents 1 and 2 : Mr.A.P.Balasubramani, Government Advocate (Crl.side)

O R D E R

This Criminal Original Petition has been filed to direct the 2nd respondent not to harass these petitioners under the guise of booking them under false cases and not to insist the 1st petitioner to withdraw the complaint given before the 2nd respondent and also not to insist the 1st petitioner to discharge himself from Manaparai Government Hospital from his treatment. https://hcservices.ecourts.gov.in/hcservices/

2. Today, Mr.A.Karunanithi, Sub-Inspector of Police, Puzhuthi Patti Police Station, Sivagangai District, is present before this Court.

3.Heard the learned counsel for the petitioners and the learned Government Advocate (Crl. Side) for the respondents 1 and 2.

4. On instructions, the learned Government Advocate (Criminal side) submitted that on the complaint given by one Palaniammal, a case in Crime No. 25 of 2017 has been registered on 23.04.2017 under Sections 294(b) and 323 of IPC., against Valli and Nainan. Since the petitioners are accused in Crime No.25 of 2017, no directions as prayed for by the petitioners can be granted.

5. In view of the above, this Criminal Original Petition is closed with liberty to the petitioners to work out their remedy in the manner known to law.

Sd/- Assistant Registrar /TRUE COPY/ Sub Assistant Registrar MRN/PJL To 1.The Superintendent of Police, Sivagangai district, Sivagangai.

2.The Inspector of Police, Puzhuthi patti Police Station, Sivagangai District, Sivagangai.

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

JAM/11.05.17/BS/SAR 3 /2P-4C CRL.O.P.(MD)No.5167 of 2017 26.04.2017 https://hcservices.ecourts.gov.in/hcservices/