Shobana v. The Superintendent Of Police

Crl.O.P.(MD)No.6786 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.06.2020

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI Crl.O.P.(MD)No.6786 of 2020 Shobana ... Petitioner versus 1.State Rep. By its The Superintendent of Police Trichy District Trichy.

2.The Inspector of Police Samayapuram Police Station Trichy District.

3.Baskar S/o.Muthukannu.

... Respondents Criminal Original Petition filed under Section 482 of Criminal Procedure Code, seeking a direction directing the 2nd respondent not to interfere in the civil dispute under the guise of enquiry on the foisted complaint of the 3rd respondent. For Petitioner :

Mr.T.Lenin Kumar For R1 and R2 :

Mr.K.K.Ramakrishnan Additional Public Prosecutor

ORDER

This petition has been filed seeking a direction to the second respondent not to interfere in the civil dispute under the guise of enquiry on the foisted complaint of the 3rd respondent.

2. According to the learned counsel for petitioner, the petitioner's mother borrowed money from the third respondent, who is a money lender and at the time of lending money, the third respondent obtained signature of her mother in certain blank papers and by misusing the same, the third respondent disturbed the possession of the petitioner's property. When the same was questioned by the petitioner, the third respondent, as an influenced person, has attacked her and also outrage her modesty. Hence, the petitioner preferred a complaint before the Mannachanallur Police Station and the same was forwarded to the second respondent. The third respondent also preferred a counter complaint against the petitioner. On the basis of the counter complaint given by the third respondent, the respondent police harassing the petitioner under the guise of enquiry. Hence, the petitioner has come forward with the present petition.

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Crl.O.P.(MD)No.6786 of 2020

3. The learned Additional Public Prosecutor, on instructions, submits that on the basis of the complaint given by the petitioner, which was forwarded to the second respondent, a case has been registered on 05.06.2020 in Crime No.735 of 2020 for the offences punishable under Sections 448, 294(b), 323 and 506(ii) I.P.C., as against the third respondent and his wife Mallika. He further submits, on instructions, that any other counter case is pending against the petitioner at the instance of the third respondent Baskar.

4. Considering the facts and circumstances of the case and also considering the fact that on the basis of the complaint given by the petitioner, a case has been registered on 05.06.2020 in Crime No.735 of 2020 for the offences punishable under Sections 448, 294 (b), 323 and 506(ii) I.P.C. as against the third respondent and his wife Mallika and no counter case is pending against the petitioner, this Court is of the opinion that no further orders are required in this petition.

Accordingly, this Criminal Original Petition is closed Sd/- Assistant Registrar (ADII) // True Copy // / /2020 Sub Assistant Registrar(CS) vsm/msa Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.State Rep. By its The Superintendent of Police Trichy District,Trichy.

2.The Inspector of Police Samayapuram Police Station Trichy District.

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

Crl.O.P.(MD)No.6786 of 2020 29.06.2020 KB(07.07.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2