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Madras High CourtCRL OP(MD)/10957/2022dismissed

K.Sudalaimuthu v. The Superintendent Of Police

2022-06-21Honourable Mr Justice V.Sivagnanam2 pages

Crl.O.P.(MD) No.10957 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.06.2022

CORAM:

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM Crl.O.P.(MD) No.10957 of 2022

1. K.Sudalaimuthu,

2. Samuthirakani, : Petitioners Vs

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

2. The Inspector of Police, Town Police Station, Tirunelveli District.

3. The Inspector of Police, All Women Police Station, Tirunelveli Town, Tirunelveli District.

4. Rekha, : Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying this Court to direct the respondents 2 and 3 not to harass the petitioners under the guise of enquiry on the basis of representation of the petitioners, dated 14.06.2022. For Petitioner : M/s.Gandiyappan A, For R1 to R3 : Mr.A.Albert James, Government Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed seeking a direction to the respondents 2 and 3 not to harass the petitioners under the guise of enquiry on the basis of representation of the petitioners, dated 14.06.2022.

2.The learned Counsel appearing for the petitioners submitted that the respondent police harassed the petitioners on the basis of the complaint lodged by the fourth respondent/Rekha, who is the daughter-in-law of the petitioners. Hence, this petition has been filed.

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Crl.O.P.(MD) No.10957 of 2022 3.The learned Government Advocate (Crl.Side) submitted that based on the complaint lodged by the fourth respondent, an FIR had been registered in Crime No. 5 of 2019 and after investigation, charge sheet had been filed before the learned Judicial Magistrate No.V,(Special Court) Trichirappalli. The same was taken on file, in C.C.No.343 of 2020. Further, he stated that in that case, the petitioners are accused persons and also not appeared before the Court below. Hence, a non-bailable warrant had been issued, for securing the accused persons. Therefore, the respondent police are asking them to appear before the Court below. 4.Since the petitioners are accused persons in C.C.No.343 of 2020, on the file of the learned Judicial Magistrate No.V,(Special Court) Trichirappalli, I am not inclined to entertain this petition. Hence, this criminal original petition stands dismissed. Sd/- Assistant Registrar (CS I) // True Copy // /07/2022 Sub Assistant Registrar(CS) lr To 1.The Judicial Magistrate No.V(Special Court), Tiruchirappalli.

2.The Superintendent of Police, Tirunelveli District, Tirunelveli.

3.The Inspector of Police, Town Police Station, Tirunelveli District.

4.The Inspector of Police, All Women Police Station, Tirunelveli Town, Tirunelveli District.

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

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