Vasantha v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.12.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU 1.Vasantha 2.Santhi 3.Gunasekaran 4.Chithra ... Petitioners Vs.

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

2.The Deputy Superintendent of Police, Sivagangai District, Sivagangai.

3.The Inspector of Police, All Women Police Station, Karaikudi, Sivagangai District.

(Crime No.Not Known of 2020) 4.Annalakshmi ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the first respondent and their subordinates not to harass and not to ill-treat the petitioner on the guise of the enquiry at the instance of the fourth respondent. For Petitioners : Mr.R.Venkatesan For R1 to R3 : Mr.V.Neelakandan Additional Public Prosecutor.

ORDER

This petition has been filed to direct the first respondent and their subordinates not to harass and not to ill-treat the petitioner on the guise of the enquiry at the instance of the fourth respondent.

2.The learned counsel for the petitioners would submit that the petitioners herein are in-laws of the fourth respondent and due to matrimonial dispute, the fourth respondent preferred a false complaint as against the petitioners herein. He would further 1/3

submit that the fourth respondent and her husband were living in in a separate house and the allegations set out in the complaint are false. He would also submit that based on the complaint, the respondent police called the petitioners for an enquiry and the third respondent herein harassing the petitioners. Hence, this petition.

3.When the petition is taken up for hearing, the learned Additional Public Prosecutor, on instructions, would submit that there is an enquiry in C.S.R.No.104 of 2020, dated 05.03.2020 pending against the petitioners.

4.Considering the facts and circumstances of the case, this Criminal Original Petition is disposed of with a direction to the respondents to follow the principles laid down by the Hon'ble Apex Court in D.K.Basu Vs. State of West Bengal reported in AIR (1997) SC 610 while enquiring the petitioner.

Sd/- Assistant Registrar (CO) // True Copy // / /2021 Sub Assistant Registrar(CS) Gns 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, Sivagangai District, Sivagangai.

2.The Deputy Superintendent of Police, Sivagangai District, Sivagangai.

3.The Inspector of Police, All Women Police Station, Karaikudi, Sivagangai District.

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

10.12.2020 SSS (CO) NR (07/01/2020) 3P : 5C 3/3