Madras High CourtCRL OP(MD)/7307/2021disposed of

Sudalaivadivu v. The Superintendent Of Police

2021-06-07Honourable Mr Justice A.A.Nakkiran2 pages

Crl.O.P.(MD)No.7307 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.06.2021

CORAM:

THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN Crl.O.P.(MD)No.7307 of 2021 Sudalaivadivu ... Petitioner Vs.

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

2.The Deputy Superintendent of Police, Kovilpatti, Thoothukudi District.

3.The Inspector of Police, East Police Station, Kovilpatti, Thoothukudi District.

4.Kanagasundaram 5.M.Senthurpandi 6.Murugan ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 Cr.P.C., to direct the third respondent police not to harass the petitioner and her family under the guise of enquiry based on the complaint given by the fifth respondent and consequently take action against the fourth respondent police who harassed the petitioner and her daughter in the guise of enquiry.

For Petitioner : Mr.M.Pandian For R1 to R3 : Mr.M.Muthumanikkam, Government Advocate(Crl.side)

ORDER

This petition has been filed to direct the third respondent police not to harass the petitioner and her family members under the guise of an enquiry based on the complaint given by the fifth respondent and consequently take action against the fourth respondent police who harassed the petitioner and her daughter under the guise of an enquiry.

2.The learned counsel appearing for the petitioner submitted that on the basis of complaint given by the fifth respondent/dehttps://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.7307 of 2021 facto complainant, the fourth respondent called the petitioner and her daughter for enquiry continuously and harassed him. In this regard, the petitioner sent a representation, dated 10.05.2021 to the respondents. However, no action has been taken. Hence, the petitioner filed the present petition seeking the aforesaid relief. 3.Heard the learned counsel appearing on either side. 4.Whatever might be the circumstances, the third respondent police is directed to consider the representation of the petitioner dated 10.05.2021 by following the principles laid down by the Hon'ble Apex Court in D.K.Basu Vs. State of West Bengal reported in AIR (1997) SC 610.

5.With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (T&P) // True Copy // / /2021 Sub Assistant Registrar(CS) sji 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 Superintendent of Police, Thoothukudi District, Thoothukudi.

2.The Deputy Superintendent of Police, Kovilpatti, Thoothukudi District.

3.The Inspector of Police, East Police Station, Kovilpatti, Thoothukudi District.

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

Crl.O.P.(MD)No.7307 of 2021 07.06.2021 KK(15.06.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2