Mathavan v. The Superintendent Of Police

Crl.O.P.(MD)No.5771 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.04.2021 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.5771 of 2021 1.Mathavan 2.Krishnamoorthy ... Petitioners Vs.

1.The Superintendant of Police, Thanjavur District.

2.The Inspector of Police, Iyyampettai Police Station, Thanjavur District.

3.Ramanathan ... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the second respondent herein not to harass the petitioners in the name of enquiry without due process of law.

For Petitioners : Mr.P.Venkatesan For R-1 and R-2 : Mr.K.Suyambulinga Bharathi Government Advocate

ORDER

This petition has been filed seeking a direction to the second respondent herein not to harass the petitioner in the name of enquiry without due process of law.

2.The case of the petitioner is that one Anbukarasi, who is the daughter of the third respondent herein was in love with the first petitioner herein, but he is not interested. Thereafter, the third respondent herein compelled the first petitioner to marry his daughter and the same was refused by him. Due to which, the third respondent herein has given a false complaint alleging that the petitioners herein kidnapped his daughter and kept in their custody. Based on the complaint, the second respondent called the petitioners to the police station under the guise of an enquiry and thereby, harassing them. Hence, the second petitioner herein has given a complaint to the first respondent herein on 14.04.2021. Since no https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.5771 of 2021 action was taken, the petitioners approached this Court with this Criminal Original Petition seeking the aforesaid relief. 3.According to the learned Government Advocate(crl.side), based upon the complaint given by the third respondent herein, a case in Crime No.173 of 2021, was registered by the first respondent police on 15.04.2021, under women missing. The missing girl is aged about 21 years and only to find out the missing girl, the petitioners were called upon for enquiry and there is no question of harassment. It is the further submission that when the crime is reported with regard to women missing, it is the duty of the petitioners to cooperate with the Investigation Officer. 4.In view of the above submissions, I find no merits in the petition. The petitioners are directed to co-operate with the Investigation Officer. Accordingly, this Criminal Original Petition is closed.

Sd/- Assistant Registrar(W) // True Copy // / /2021 Sub Assistant Registrar(CS) 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.The Superintendant of Police, Thanjavur District.

2.The Inspector of Police, Iyyampettai Police Station, Thanjavur District.

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

Crl.O.P.(MD)No.5771 of 2021 22.04.2021 AS(26.05.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2