D.Meenal v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :15.06.2021
CORAM
THE HONOURABLE MR.JUSTICE G.ILANGOVAN 1.D.Meenal 2.D.Ananthraj ... Petitioners Vs.
1.The Superintendent of Police, Ramanathapuram District, Ramanathapuram.
2.The Deputy Superintendent of Police, Rameshwaram Division, Ramanathapuram District.
3.The Inspector of Police, Uchipuli Police Station, Ramanathapuram District.
.. Respondents PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the second respondent not to harass the petitioner and her family members in the guise of enquiry, based on the petitioner's representation dated 16.04.2021. For Petitioner : Mr.G.Balumahendran For R1 to R3 : Mr.R.M.Anbunithi Additional Public Prosecutor
ORDER
This Criminal Original Petition has been filed to direct the second respondent not to harass the petitioner and her family members in the guise of enquiry, based on the petitioner's representation dated 16.04.2021.
2. The case of the petitioners is that on 30.03.2021, the petitioners got information from the third respondent Police that one Deva, who is resident of their Village, had been murdered by the first petitioner's son namely Devadasan and his friends. In this regard, the third respondent continuously visited her house in the guise of enquiry and the petitioner also gave detailed explanation 1/3
that her son namely Devadasan has no way connected with the above incident. But the third respondent refused the same and frequently visited their house and damaged the house hold articles. Hence, the present petition has been filed.
3. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the first respondent.
4. The learned Additional Public Prosecutor would submit that the son of the first petitioner has involved in the murder case in Crime No.149 of 2021 on the file of the third respondent Police and he was absconding. To know whereabouts of the first petitioner's son, the enquiry was conducted upon the petitioners. Only on that basis, the present petition came to be filed. Now, the son of the first petitioner is surrendered before the Egmore Magistrate Court on 17.04.2021 and the presence of the petitioners is no more required.
5. In view of the above submission made by the learned Additional Public Prosecutor, nothing survives for further consideration in this petition. But, the learned counsel appearing for the petitioner would submit that at the time of search made by the third respondent herein, they have damaged the household articles of the petitioner which is worth about Rs.2,50,000/-and he has also produced a copy of the damaged household articles which is enclosed in the typed set of papers. However, no enquiry was undertaken.
6. In this regard, the petitioners are at liberty to work out their remedy before the appropriate forum and such remedy is always available to the petitioners.
7. With these observations, this Criminal Original Petition stands disposed of.
Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS) Note:(i) 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.
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To:
1.The Superintendent of Police, Ramanathapuram District, Ramanathapuram.
2.The Deputy Superintendent of Police, Rameshwaram Division, Ramanathapuram District.
3.The Inspector of Police, Uchipuli Police Station, Ramanathapuram District.
15.06.2021 AS(28.06.2021) P 4C 3/3