R.G.Marina v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.06.2024 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI R.G.Marina ... Petitioner Vs.

1.The Superintendent of Police, Kanyakumari District, Nagercoil.

2.The Inspector of Police, Thuckkalay Police Station, Kanyakumari District.

3.Francis Xavier

...Respondents

Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the second respondent not to harass the petitioner under the guise of enquiry into the complaint lodged by the third respondent by considering the petitioner's representation, dated 01.06.2024.

For Petitioner : Mr.V.Sukumar For R1 & R2 : Mr.B.Thanga Aravindh Government Advocate (Crl. side) 1/4

O R D E R

The petitioner has approached this Court that the second respondent police is harassing her under the guise of an enquiry. 2.The learned Government Advocate (Crl. side) submits that the second respondent police has received a complaint from the third respondent on 03.06.2024 that they are having a dispute with regard to the construction of building. In pursuant to the enquiry, summons has been issued to the petitioner and therefore, the petitioner has approached this Court by way of this application.

3.This Court considered the rival submissions made. 4.If any cognizable offence is made out against the petitioner, it is always open to the respondents police to register a case against him. During the course of enquiry, the respondents police are not expected to harass the petitioner and they are not expected to call the petitioner without registering an FIR also.

2/4

5.With the above observations, this petition is allowed with a direction to the second respondent police not to harass the petitioner. 18.06.2024 NCC : Yes/No Index : Yes/No Internet:Yes sji To 1.The Superintendent of Police, Kanyakumari District, Nagercoil.

2.The Inspector of Police, Thuckkalay Police Station, Kanyakumari District.

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

3/4

B.PUGALENDHI,J sji Order made in 18.06.2024 4/4