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Madras High CourtCRL OP(MD)/9081/2021disposed of

Kavitha v. The Superintendent Of Police

2021-07-09Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.9081 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.07.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.9081 of 2021 Kavitha ... Petitioner Vs.

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

2. The Deputy Superintendent of Police, Thirupathur, Sivagangai District.

3. The Inspector of Police, Thirukostiyur Police Station, Sivagangai District.

4. The Sub Inspector of Police, Thirukostiyur Police Station, Sivagangai District.

5. Lavanya ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the respondents 2 to 4 not to harass the petitioner and her family members under the guise of enquiry based on the representation dated 02.07.2021.

For Petitioner : Mr.PR.Boomee Rajan For R-1 to R-4 : Mr.R.M.Anbunidhi Additional Public Prosecutor O R D E R This petition is filed seeking a direction to the respondents 2 to 4 not to harass the petitioner under the guise of enquiry, based on the representation dated 02.07.2021.

2. The grievance of the petitioner is that there is a civil dispute in respect of the land in Survey No.200/19, which belongs to his husband, by name, Arumugam. The 5th respondent has no right over the property, but, she has given a complaint, in respect of which, a case in Crime No.92 of 2021 has been registered and on that basis, the respondent Police harassed the petitioner, since it is purely a civil dispute, the respondent Police has no right to https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.9081 of 2021 interfere with the matter.

3. Once the FIR has been registered against the petitioner, then, the question of harassment does not arise and she has to face the investigation. It is open to the petitioner to work out her remedy before the appropriate forum by appropriate proceedings.

4. Accordingly, this Criminal Original Petition is disposed of.

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, Sivagangai District, Sivagangai.

2.

The Deputy Superintendent of Police, Thirupathur, Sivagangai District.

3.

The Inspector of Police, Thirukostiyur Police Station, Sivagangai District.

4.

The Sub Inspector of Police, Thirukostiyur Police Station, Sivagangai District.

5.

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

+1 CC to M/s.PR.BOOME RAJAN, Advocate (SR-22044[F] dated 12/07/2021) Crl.O.P.(MD)No.9081 of 2021 09.07.2021 RC (15.07.2021) 2P-7C https://hcservices.ecourts.gov.in/hcservices/ 2/2