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Madras High CourtCRL OP(MD)/11034/2019disposed of

Chitra v. The Superintendent Of Police

2019-08-06Honourable Mr Justice V. Bharathidasan2 pages

Crl.O.P.(MD)No.11034 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.08.2019

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Crl.O.P.(MD)No.11034 of 2019 Chitra ... Petitioner Vs.

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

2.The Inspector of Police, Manamadurai Police Station, Sivagangai District.

3.A.Radha

...Respondents

PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the respondent No.2 not to harass the petitioner in the guise of enquiry by considering the petitioner's representation dated 22.07.2019.

For Petitioner : Mr.S.Kameswaran For R1 and R2 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.Side)

ORDER

This petition has been filed to direct the second respondent not to interfere into the civil subject matter.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the official respondents. Considering the nature of the order going to be passed in this petition, notice to the third respondent is dispensed with.

3. According to the petitioner, due to some matrimonial dispute between the petitioner and her husband, now the petitioner is living in her parental home along with her minor child. Now the third respondent, who is none other than the father-in-law of the petitioner herein, said to have given a complaint before the second respondent police and based on the above said complaint, the second respondent police is harassing the petitioner and threatening her to hand over the minor child to the third respondent. Hence, the petitioner has filed the present petition.

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Crl.O.P.(MD)No.11034 of 2019

4. Today, when the matter is taken up for hearing, the learned Government Advocate (Crl.Side) appearing for the official respondents, on instructions, would submit that no petition or no complaint is pending against the petitioner. Further the petitioner has only given a complaint before the Superintendent of Police, which has been now forwarded to the second respondent. Based on the same, the second respondent police has conducted enquiry and asked the petitioner to appear for enquiry. He would further submit that the second respondent has not harassed petitioner as alleged by her.

5. The submission made by the learned Government Advocate (Crl.Side) is recorded. Considering the fact that the complaint lodged by the petitioner only is pending with the second respondent, the petitioner is directed to appear before the respondent police and cooperate with the enquiry. The second respondent police is also directed not to harass the petitioner under the guise of enquiry during investigation.

6. With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS) To 1.The Superintendent of Police, O/o. The Superintendent of Police, Sivagangai District.

2.The Inspector of Police, Manamadurai Police Station, Sivagangai District.

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

+1 CC to M/s.S.KAMESWARAN, Advocate ( SR-80387[F] dated 07/08/2019 ) Crl.O.P.(MD)No.11034 of 2019 06.08.2019 ta KK/SAR/19.08.2019/2P-5C/ https://hcservices.ecourts.gov.in/hcservices/ 2/4