Madras High CourtCRL OP(MD)/8235/2017dismissed

Selinmary v. The Superintendent Of Police

2017-07-18Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.07.2017

CORAM

THE HON'BLE MR.JUSTICE S.S.SUNDAR Crl.O.P.(MD) No.8235 of 2017 Selinmary ... Petitioner -Vs1.The Superintendent of Police, Kanyakumari District.

2.The Inspector of Police, All Women Police Station, Marthandam, Kanyakumari District.

...Respondents

Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the second respondent police not to harass the petitioner and petitioner's minor children in the guise of enquiry.

For Petitioner :

Mr.E.V.N.Siva For Respondents :

Mr.K.Anbarasan, Government Advocate(Crl.side).

O R D E R

This Criminal Original petition is filed to direct the second respondent police not to harass the petitioner and petitioner's minor children under the guise of enquiry.

2.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal side) appearing for the respondents.

3.The case of the petitioner is that a criminal case has been registered against the petitioner's husband. However, under the guise of enquiry, the petitioner is being harassed by the respondent police. The petitioner has come to this Court with a grievance that by virtue of the alleged enquiry, the petitioner and her minor children are being harassed and the studies of the petitioner's minor children is greatly affected. https://hcservices.ecourts.gov.in/hcservices/ 4.A counter affidavit has been filed by the respondent police stating that the criminal case in Crime No.4 of 2017 is registered

against the petitioner's husband namely, Stephenson alias Kamal under section 5(m) and 6 of POSCO Act and Section 506(i) of IPC on the file of the All Women Police Station, Kuzhithurai. The complaint against the petitioner's husband is that he has committed rape of a minor girl namely Naveena, aged about 10, studying 6th standard. After the registration of the case against the petitioner's husband, the respondent police started investigation and made search for arresting the accused. However, the petitioner's husband escaped from arrest and it is only with an intention to interfere with the process of investigation, this petition is filed making false allegations against the respondent police.

5.This court is of the view that the petitioner need not be called for any enquiry and there shall be no harassment to the petitioner. Hence, this Criminal Original Petition is closed with a direction to the respondents not to call the petitioner for any enquiry and the respondents shall not harass the petitioner or the petitioner's minor children under the guise of enquiry against the petitioner's husband.

6.This Criminal Original Petition is closed with the above direction.

Sd/- Assistant Registrar(Records) /True Copy/ Sub Assistant Registrar.

To 1.The Superintendent of Police, Kanyakumari District.

2.The Inspector of Police, All Women Police Station, Marthandam, Kanyakumari District.

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

Crl.O.P.(MD) No.8235 of 2017 18.07.2017 vsg AM/SKN RSK/SAR 2/27.07.2017/2P/4C https://hcservices.ecourts.gov.in/hcservices/