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Madras High CourtCRL OP(MD)/23995/2016dismissed

Chellamuthu, v. The Inspector Of Police,

2017-01-03Honourable Mr Justice G. Chockalingam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.01.2017

CORAM

THE HON'BLE MR.JUSTICE G.CHOCKALINGAM Crl.O.P.(MD).No.23995 of 2016 Chellamuthu .. Petitioner vs.

1.The Inspector of Police, All Women Police Station, Madurai, Madurai District.

2.Mariammal .. Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the 1st respondent not to harass the petitioner and his family members including the petitioner's wife, namely, Chellathal and the petitioner's elder son Tharmaraj in the guise of enquiry in connection with a false complaint given by the 2nd respondent.

For Petitioners : Mr.T.Indrachithu For Respondent-1 : Mr.A.P.Balasubramani Government Advocate (Crl. Side)

O R D E R

This petition has been filed to direct the 1st respondent not to harass the petitioner and his family members including the petitioner's wife, namely, Chellathal and the petitioner's elder son Tharmaraj in the guise of enquiry in connection with a false complaint given by the 2nd respondent.

2. Heard the learned counsel for the petitioner and the learned Government Advocate(Crl. Side) for the State and perused the records.

3. The learned counsel for the petitioner would submit that the respondent police frequently called the petitioner and his family members to appear before them for enquiry and harassed them under the guise of enquiry.

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4. The learned Government Advocate (Crl. Side), on instructions, would submit that based on the complaint given by

the second respondent against her husband Thangaraj, the petitioner was only called for enquiry to know about the whereabouts of his son, Thangaraj and the respondent police did not cause any harassment to the petitioner and his family members. Since, the defacto complainant has withdrawn the complaint, the petition enquiry was closed. He further submitted that since the enquiry was closed, the presence of the petitioner is not at all required by the respondent police. Hence, there is no scope for harassment.

5. Recording the above submission made by the learned Government Advocate (Crl.Side), this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (CS-I) /True Copy/ Sub Assistant Registrar PJL To 1.The Inspector of Police, All Women Police Station, Madurai,Madurai District.

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

GJM/SS2/KSM/12.1.17-2p-3c Crl.O.P.(MD) No.23995 of 2016 03.01.2017 https://hcservices.ecourts.gov.in/hcservices/