Madras High CourtCRL OP(MD)/9082/2021disposed of

Amutha v. The Inspector Of Police

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

Crl.O.P.(MD)No.9082 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.9082 of 2021 Amutha ... Petitioner Vs.

1.State represented by its, The Inspector of Police, District Crime Branch, Sivagangai.

2.Mathavan ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the 1st respondent not to harass the petitioner under the guise of enquiry based on the false complaint of the 2nd respondent.

For Petitioner : Mr.C.Suresh Kannan For R1 : Mr.R.M.Anbunidhi Additional Public Prosecutor

O R D E R

This petition is filed seeking a direction to the 1st respondent not to harass the petitioner, under the guise of enquiry based on the complaint given by the 2nd respondent.

2. The case of the petitioner is that there is a property dispute between herself and the second respondent. The property in dispute originally belonged to the petitioner's mother, namely, Amaravathi and she executed a sale deed in favour of the second respondent, which was subsequently cancelled on 15.12.1998. Thereafter, the petitioner's mother executed a release deed in favour of the petitioner on 28.12.1998. Enraged over the same, the second respondent appears to have given a complaint stating that the petitioner indulged in forgery of document, based on which, the first respondent is harassing the petitioner. Since it is purely a civil dispute, the respondent respondent has no role to play.

3. The learned Additional Public Prosecutor submits that based upon the complaint given by the second respondent, who is now in abroad, enquiry was undertaken in CSR No.94 of 2021.

4. Since the complaint has been given against the petitioner, she has to co-operate with the Enquiry Officer. If she is aggrieved https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.9082 of 2021 over the outcome of the enquiry, she is always at liberty to work out her remedy before appropriate Forum by filing appropriate proceedings. In such circumstances, the question of harassment does not arise.

5. In view of the above, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (CS III) // 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.

1. The Inspector of Police, District Crime Branch, Sivagangai.

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

Crl.O.P.(MD)No.9082 of 2021 09.07.2021 MGJ(16.07.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2