Madras High CourtCRL OP(MD)/8747/2021dismissed

Indira v. The Supeirntendent Of Police

2021-07-05Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.8747 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.07.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.8747 of 2021 Indira ... Petitioner Vs.

1. The Superintendent of Police, Office of the Superintendent of Police, Thanjavur District.

2. The Inspector of Police, Madukkur Police Station, Madukkur, Thanjavur District.

... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the 2nd respondent police not to harass the petitioner husband under the guise of foisting false cases one after another.

For Petitioner : Mr.B.Jameel Arasu For R-1 & R2 : Mr.R.M.Anbunithi Additional Public Prosecutor

O R D E R

This petition is filed seeking a direction to the respondents not to harass the petitioner's husband under the guise of enquiry by filing false case upon him.

2. The case of the petitioner is that her husband is doing finance business in the name of Amman Finance by obtaining licence from the authority and doing the business at Madukkur. During the course of business transaction, he lent money on nominal interest rate as fixed by the Government from 2014. Because of political as well as business rivalry, some of the persons foisted a false complaint against her husband and thereafter, on a single day, i.e. on 18.06.2021, three false complaints were registered in Crime Nos.546/2021, 547/2021 and 560 /2021 and based upon the false complaints, he was arrested and remanded to judicial custody and steps are taken by the official respondents to detain him under Goondas Act also. Hence, this petition.

3. The learned counsel appearing for the petitioner submits that based on the false complaints, the respondent Police is repeatedly harassing the petitioner's husband.

4. The learned Additional Public Prosecutor submits that several persons have given complaints against the petitioner's https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.8747 of 2021 husband and only on that basis, three cases have been registered against him in Crime Nos.546/2021, 547/2021 and 560 /2021 and therefore, he has been arrested and remanded in judicial custody.

5. Once a case has been registered against a person, that person has to face the investigation. In this case, three cases have been registered against the petitioner's husband. Therefore, the question of harassment does not arise. The petitioner's husband has to work out his remedy before the appropriate forum by filing appropriate petition.

6. Accordingly, this Criminal Original Petition is dismissed. Sd/- Assistant Registrar(CS-II) // 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 the Superintendent of Police, Thanjavur District.

2. The Inspector of Police, Madukkur Police Station, Madukkur, Thanjavur District.

3. The Additional public prosecutor Madurai Bench of Madras High court, Madurai.

Crl.O.P.(MD)No.8747 of 2021 05.07.2021 CM(CO) RD(16.07.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2