Periyasamy v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.07.2021
CORAM:
THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.8629 of 2021 Periyasamy ... Petitioner Vs.
1. The Superintendent of Police, Office of Superintendent of Police, Virudhunagar District.
2. The Sub Inspector of Police, Watrap Police Station, Watrap, Virudhunagar District.
3. Subramani
4. Alaguraja
5. Sunthara Moorthy ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the first respondent to give suitable direction to the 2nd respondent not to harass the petitioner at the instigation of the respondent Nos.3 to 5 by considering the petitioner's representation dated 25.06.2021 within the period as stipulated by this Court.
For Petitioner : Mr.A.Haja Mohideen For R1 and R2 : Mr.R.M.Anbunidhi Additional Public Prosecutor Crl.O.P.(MD)No.8635 of 2021 Periyasamy ... Petitioner Vs.
1. The Superintendent of Police, Office of Superintendent of Police, Virudhunagar District.
2. The Sub Inspector of Police, Watrap Police Station, Watrap, Virudhunagar District.
1/3
3. Subramani
4. Alaguraja
5. Sunthara Moorthy ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the second respondent to give necessary protection to the petitioner and his family members for their life and limbs by considering the petitioner's representation dated 25.06.2021, within the period stipulated by this Court.
For Petitioner : Mr.A.Haja Mohideen For R1 and R2 : Mr.R.M.Anbunidhi Additional Public Prosecutor COMMON
ORDER
Crl.O.P.(MD)No.8629 of 2021 has been filed seeking a direction to the second respondent not to harass the petitioner under the guise of enquiry.
2. When the matter is taken up for hearing, it is brought to the notice of this Court that the petitioner herein has also filed Crl.O.P.(MD)No.8635 of 2021 seeking Police protection. Therefore, both the matters are heard together.
3. The grievance of the petitioner is that even though his wife lodged a complaint with regard to the occurrence that took place on 15.06.2021, at about 9.00 p.m., no case has been registered. But, instead, the complaint given by the third respondent has been registered in Crime No.131 of 2021 for the offence under Sections 147, 148, 294(b), 323, 324, 336 and 506(i) of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Woman Act, 1988. Now, at the instigation of the private respondents, the second respondent is coercing the petitioner to withdraw the complaint. Therefore, the petitioner has filed Crl.O.P.(MD)No.8629 of 2021 seeking a direction to the respondent Police not to harass the petitioner under the guise of enquiry and also filed Crl.O.P. (MD)No.8635 of 2021 seeking police protection.
4. When the matters are taken up for consideration, the learned Additional Public Prosecutor submits that based on the complaint given by the petitioner, a case has been registered against the private respondents in Cr.No.144 of 2021.
5. In view of the above, nothing survives for consideration or for further direction. Hence, the Criminal Original Petitions are 2/3
disposed of, recording the submission of the learned Additional Public Prosecutor.
Sd/- Assistant Registrar (CS I) // True Copy // / /2021 Sub Assistant Registrar(CS) ogy 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, Office of Superintendent of Police, Virudhunagar District.
2. The Sub Inspector of Police, Watrap Police Station, Watrap, Virudhunagar District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
01.07.2021 KK(09.07.2021) 3P 4C 3/3