Madras High CourtCRL OP(MD)/11068/2020disposed of

S.Pandi v. The Inspector Of Police

2020-10-09Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.11068 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.10.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.11068 of 2020 1.S.Pandi 2.P.Chinnakkal ... Petitioners Vs.

1.The Inspector of Police, All Women Police Station, Aruppukkottai, Virudhunagar District.

2.Thangapandiammal ... Respondents PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to issue direct the first respondent not to harass the petitioners in the guise of enquiry, on the basis of the complaint of the second respondent.

For Petitioners : Mr.Babu Rajendran For R1 : Mr.V.Neelakandan Additional Public Prosecutor

ORDER

Heard the learned counsel appearing for the petitioners and the learned Additional Public Prosecutor appearing for the first respondent.

2.The petitioner alleges harassment at the hands of the first respondent police. The second respondent is none other than the daughter-in-law of the petitioners.

3.There is a matrimonial issue between the petitioners' son and the second respondent. The specific case of the petitioners is that the second respondent had earlier given a complaint and that the same was enquired into and closed. Notwithstanding the closure of the complaint, the petitioners are being repeatedly summoned to the first respondent police. Hence, they have filed this Criminal Original Petition.

4.The petitioners' son is an army man, who is now posted in Srinagar. This aspect of the matter will have to be borne in mind by the first respondent. When the complaint of the second respondent had already been enquired into and closed, the question of issuing summon to the petitioners does not arise. If hereinafter, the first respondent wants to summon the petitioners, it will be only in writing; there is no question of orally summoning the petitioners.

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Crl.O.P(MD)No.11068 of 2020 5.Further, it appears that one more complaint has been received from the second respondent. The learned Additional Public Prosecutor stated that this is in petition enquiry stage.

6. In view of the above, this Criminal Original Petition is disposed of with the following direction :

The first respondent is directed to conclude the petition mentioned enquiry within a period of two weeks from the date of receipt of a copy of this order. If at the end of the enquiry, it is decided to register any FIR, the petitioners shall be put on notice so that the petitioners will have breathing time to move concerned Court for the relief of anticipatory bail. Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS) das 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 Inspector of Police, All Women Police Station, Aruppukkottai, Virudhunagar District.

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

+1 CC to Mr.BABU RAJENDRAN, Advocate ( SR-19705[F] dated 12/10/2020 ) Crl.O.P(MD)No.11068 of 2020 09.10.2020 SSS(CO) KM (22.10.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2