P.Vasanthi v. The Superintendent Of Police

Crl.O.P.(MD).No.12124 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.08.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD).No.12124 of 2021 P.Vasanthi ... Petitioner Vs.

1.The Superintendent of Police, O/o.The Superintendent of Police, Theni District, Theni.

2.The Sub-Inspector of Police, Kurangani Police Station, Theni District, Theni.

... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the second respondent not to harass the petitioner, her family members without any legally sustainable complaint and to direct the respondents to follow the guideline issued by the Hon'ble Supreme Court in D.K.Basu (1997 1SCC 416) case in matters pertaining to arrest or interrogation within the time period stipulated by this Court.

For Petitioners : Mr.T.Thirumurugan For Respondents : Mr.K.Sanjai Gandhi Government Advocate (Criminal Side)

O R D E R

This petition has been filed seeking to direct the second respondent not to harass the petitioner, her family members without any legally sustainable complaint and to direct the respondents to follow the guideline issued by the Hon'ble Supreme Court in D.K.Basu (1997 1SCC 416) case in matters pertaining to arrest or interrogation within the time period stipulated by this Court. 2.The learned counsel appearing for the petitioner would submit that the husband of the petitioner purchased a property two years back and later, it was mortgaged to third party. Hence, there was a dispute between the vendor and the husband of the petitioner. He would further submit that on the basis of the false complaint given by the vendor, the second respondent is making harassment to the petitioner.

3.When the matter is taken up for hearing, the learned Additional Public Prosecutor would submit that on the basis of the https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD).No.12124 of 2021 complaint given by one Rakkammal, a case has been registered in Crime No.164 of 2021 on 13.08.2021 for the offence punishable under Sections 454, 380 of IPC, wherein the husband of this petitioner is arrayed as an accused and some other persons are also mentioned in the First Information Report as accused persons. He would further submit that the husband of the petitioner along with some other people entered into the house of the said Rakkammal and damaged the articles and also stolen a sum of Rs.28,700/- (Rupees Twenty Eight Thousand Seven Hundred Rupees Only).

4.Since the case has been registered, her husband has to work remedy appropriately. Moreover, the petitioner is not involved in the said above crime. Hence, the second respondent may not invite the petitioner for enquiry in connection with the said crime. 5.With these directions, this Criminal Original Petition stands disposed of.

Sd/- Assistant Registrar (CS II) // True Copy // / /2021 Sub Assistant Registrar(CS) 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, Theni District, Theni.

2.The Sub-Inspector of Police, Kurangani Police Station, Theni District, Theni.

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

Crl.O.P.(MD).No.12124 of 2021 25.08.2021 RS (02.09.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2