Madras High CourtCRL OP(MD)/8811/2021disposed of

S.Sathya v. The Superintendent Of Police

2021-07-06Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P(MD).No.8811 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.07.2021

CORAM:

THE HONOURABLE MR.JUSTICE G. ILANGOVAN, J.

Crl.O.P.(MD)No.8811 of 2021 1.S.Sathya 2.L.Kaleeswari ... Petitioners Vs.

1.The Superintendent of Police, Ramanathapuram District.

2.The Inspector of Police, Nainarkovil Police Station, Ramanathapuram.

3.Alagu.

...Respondents

PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the second respondent not to harass the petitioners in the name of enquiry in connection with F.I.R. in Crime No.159 of 2021, pending on his file.

For Petitioner : Mr.R.Anand For R1 & R2 : Mr.R.M.Anbunithi Additional Public Prosecutor.

(Crl.side)

ORDER

This petition has been filed to direct the second respondent not to harass the petitioners under the guise of enquiry, in connection with the F.I.R.No.159 of 2021.

2.The case of the petitioners is that a case has been registered in Crime No.159 of 2021 against the family members of the petitioners, for the offences punishable under Sections 294(b), 341, 324, 307, 506(ii) and 120 B IPC, based on the complaint given by one Alagu. The grievance of the petitioners is that even after registration of the First Information Report, the respondent police called the petitioners for enquiry, by way of issuing summons under Section 41(A) of Cr.P.C. Hence, the petitioners have filed the present Criminal Original Petition, seeking a direction to the second respondent not to harass them.

3.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor(Crl.side) for the respondents 1 & 2.

4.When the matter is taken up for hearing, the learned Additional Public Prosecutor(Crl side) would submit that in Crime No.159 of 2021, the petitioners herein are going to be arrayed as https://hcservices.ecourts.gov.in/hcservices/

Crl.O.P(MD).No.8811 of 2021 accused, since complaint has been given against them also.

5. In view of the submission made by the learned Additional Public Prosecutor(Crl.Side), the question of harassment will not at all arise. This Criminal Original Petition is disposed of with a liberty to the petitioners to work out their remedy before the appropriate Forum.

Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS) 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.

vrn To 1.The Superintendent of Police, Ramanathapuram District.

2.The Inspector of Police, Nainarkovil Police Station, Ramanathapuram.

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

Crl.O.P.(MD)No.8811 of 2021 06.07.2021 lr (13.07.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/