Madras High CourtCRL OP(MD)/6619/2017dismissed

K.Ponnammal v. The Superintendent Of Police

2017-06-06Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.06.2017

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD)No.6619 of 2017 K.Ponnammal : Petitioner Vs.

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

2.The Inspector of Police, Silaiman Police Station, Madurai District.

: Respondents Prayer : Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure praying to direct the second respondent to secure the accused persons in Crime No.237 of 2017 and further investigate the case and file the final report before the concerned Court within the time stipulated by this Court. For Petitioner : Mr.S.Muthukrishnan For Respondents : Mr.K.Anbarasan, Government Advocate (Crl.side) *******

O R D E R

On the complaint lodged by the petitioner, the respondent police have registered a case in Crime No.237 of 2017 on 28.04.2017 under Sections 294(b), 323, 324, 355 of the Indian Penal Code and Section 4 of the Tamil Nadu Prohibition of Harassment of Woman Act, 2002, against Kittu (A-1), Thamarai Selvi (A-2) and another unknown person. While so, the petitioner has filed the present petition for the above relief.

2. In the opinion of this Court, a direction as prayed for by the petitioner cannot be granted, in the light of the law laid down by the Supreme Court in Johinder Kumar vs. State of Uttar Pradesh reported in 1994 SCC (4) 260. In other words, this Court cannot direct the police to arrest an accused.

3. The learned Government Advocate (Criminal side) also submitted that some of the accused have got anticipatory bail in Crl.O.P.(MD)No.5585 of 2017.

https://hcservices.ecourts.gov.in/hcservices/

4. In view of the above, this Criminal Original Petition is dismissed.

Sd/- Assistant Registrar(CSI) /True Copy/ Sub-Assistant Registrar To 1.The Superintendent of Police, Madurai District, Madurai.

2.The Inspector of Police, Silaiman Police Station, Madurai District.

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

SML RL/4C/2P/SAR4/16/6/2017 Order made in Crl.O.P.(MD)No.6619 of 2017 Dated: 06.06.2017 https://hcservices.ecourts.gov.in/hcservices/