Madras High CourtCRL OP(MD)/10024/2019disposed of

S.Mohmaed Basheer v. The Inspector Of Police

2019-07-16Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.07.2019

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Crl.O.P.(MD)No.10024 of 2019 S.Mohamed Basheer ... Petitioner Vs.

The Inspector of Police, All Women Police Station, Collachel, Kanyakumari District.

...Respondent

PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the respondent police not to harass the petitioner and his family members comprising of his wife and two daughters under the guise of enquiry.

For Petitioner : Mr.G.Prabhu Rajadurai For Respondent : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.Side)

ORDER

This petition has been filed seeking direction to the respondent not to harass the petitioner and his family members under the guise of enquiry.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the official respondents.

3. The grievance of the petitioner is that a FIR has been registered against the petitioner's son in Crime No.23 of 2019 for the offences under Sections 9(m) and 10 of the Protection of Children from Sexual Offences (POCSO) Act. Under the guise of enquiry on the pending complaint, the second respondent is harassing the petitioner and his family members. Hence, the present petition has been filed.

4. Today, when the matter is taken up for hearing, the learned Government Advocate (Crl.Side), on instructions, would submit that based on a complaint given by one Nasrin a case in Crime no.23 of https://hcservices.ecourts.gov.in/hcservices/

2019 has been registered against the petitioner's son under the provisions of POCSO Act. Now the petitioner's son is absconding. He further submitted that only in order to secure the petitioner's son, the respondent police conducted enquiry and has not harassed the petitioner.

5. The submission made by the learned Government Advocate (Crl.Side) is recorded.

Considering the fact that the petitioner's son is only the accused in this case, the respondent police is directed not to harass the petitioner. However, since the investigation on the complaint given against the petitioner's son is pending, the petitioner is directed to cooperate with the investigation. With these directions, this criminal original petition is disposed of.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS ) To

1. The Inspector of Police, All Women Police Station, Collachel, Kanyakumari District.

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

+1 CC to Mr.G.PRABHU RAJADURAI, Advocate ( SR-75768[F] dated 17/07/2019 ) Crl.O.P.(MD)No.10024 of 2019 16.07.2019 ta AE/(31.07.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/