Madras High CourtCRL OP(MD)/5518/2017disposed of

Tmt.Gracy v. The Superintendent Of Police,

2017-06-01Honourable Mr Justice A.M. Basheer Ahamed2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.06.2017

CORAM

THE HONOURABLE MS.JUSTICE A.M.BASHEER AHAMED Crl.O.P.(MD)No.5518 of 2017 Tmt. Gracy : Petitioner Vs.

1. The Superintendent of Police, Dindigul District, Dindigul.

2. The Inspector of Police, Kodaikanal Police Station, Kodaikanal, Dindigul District.

3. Indranayagam

4. Manoharan : Respondents PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure praying to direct the 2nd respondent not to harass the petitioner and her family members on the guise of enquiry and not to interfere in the civil dispute of the petitioner on the basis of petitioner's representation dated 10.04.2017.

For Petitioner : Mr.V.Palani For Respondents : Mr.K.Anbarasan, Government Advocate (Crl. Side)

O R D E R

Heard both sides.

2. The learned counsel appearing for the petitioner states that no such case in respect of the property belonged to the petitioner is pending before this Court and also no suit in O.S.No.47 of 2017 is pending before the District Munsif Court, Kodaikanal, as stated by the 3rd respondent herein. https://hcservices.ecourts.gov.in/hcservices/

3. The learned Government Advocate (Crl. Side) appearing for

the respondents states that the case was registered in Crime No.231 of 2016, under Sections 294(b) and 506(i) of I.P.C against the petitioner herein and the respondents 3 and 4 filed another complaint and it was registered in Crime No.71 of 2017 for the alleged offence under Sections 147, 148, 353, 323, 294(b), 506(i) of I.P.C.

4. The learned counsel appearing for the petitioner states that the respondents are harassing the petitioner under the guise of enquiry.

5. The learned Government Advocate (Crl. Side) appearing for the respondent states that there is no such harassment as alleged by the petitioner herein.

6. Considering the rival submissions made on both sides, the second respondent is directed not to harass the petitioner and her family members under the guise of enquiry, but let the police investigate into the matter in accordance with law and the mandates as found set out in D.K.Basu Vs. State of West Bengal reported in AIR (1997) SC 610. If really, the police want to interrogate, it is open for the police to issue summons to the petitioner. Thereupon, the petitioner shall appear before the police and submit himself for interrogation.

7. The Criminal Original Petition is disposed of with the above direction.

Sd/- Assistant Registrar (CS-I) /True Copy/ Sub Assistant Registrar To

1. The Superintendent of Police, Dindigul District, Dindigul.

2. The Inspector of Police, Kodaikanal Police Station, Kodaikanal, Dindigul District.

+ 1 CC TO Mr.P.THAMBIDURAI, ADVOCATE IN SR No. 58015 TRP/RMK TE/RSK/SAR-II : 08/06/2017 : 2P/4C Order made in Crl.O.P.(MD)No.5518 of 2017 01.06.2017 https://hcservices.ecourts.gov.in/hcservices/