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Madras High CourtCRL OP(MD)/8851/2017closed

Maruthupandi v. The Superintendent Of Police

2017-07-13Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.07.2017

CORAM

THE HON'BLE MR.JUSTICE S.S.SUNDAR Crl.O.P.(MD) No.8851 of 2017 Maruthupandi ... Petitioner -Vs1. The Superintendent of Police, Sivagangai District, Sivagangai.

2. The Inspector of Police, District Crime Branch, Sivagangai District.

...Respondents

Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the second respondent and his subordinates not to interfere and not to harass or ill-treat the petitioner on the guise of enquiry.

For Petitioner :

Mr.R.Gandhi For Respondents :

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

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O R D E R

This Criminal Original petition is filed seeking a direction to the second respondent and his subordinates not to interfere and not to harass or ill-treat the petitioner on 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 learned counsel for the petitioner submitted that the case has been registered against the petitioner's son in connection with his employment alleging misappropriation committed by the petitioner's son. He also submitted that the petitioner is no way connected with the criminal case but he is being harassed under the guise of enquiry. The learned counsel for the petitioner https://hcservices.ecourts.gov.in/hcservices/

further submitted that the case against the petitioner's son was also closed by the previous Inspector of Police and that the case has now been unnecessarily re-opened and the petitioner also is being harassed.

4. The learned Government Advocate(Criminal side) on instructions submitted that the second respondent specifically denies the statement of the learned counsel for the petitioner. Since the petitioner is not involved in any offence, it is stated that the petitioner was never called for enquiry nor there was any harassment. It is also submitted that the petitioner will never be called for enquiry and that there will not be any harassment in future also.

5. The statement of the learned Government Advocate(Criminal side) is recorded and hence, the Criminal Original petition is closed. Since it is admitted that the petitioner is not involved in any criminal case, she need not be harassed and even if the presence of the petitioner is required for an enquiry in connection with the petitioner's son, it is open to the respondents to issue summons to the petitioner, describing the date and time and in the manner sanctioned by law. Sd/- Assistant Registrar(CS-I) /True copy/ Sub Assistant Registrar To

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

2. The Inspector of Police, District Crime Branch, Sivagangai District.

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

+1 cc to MR.R.Gandhi , Advocate in SR.No. 65794 Pmu AE/SV/SAR2/21.07.2017/2P/5C Crl.O.P.(MD) No.8851 of 2017 13.07.2017 https://hcservices.ecourts.gov.in/hcservices/