Madras High CourtCRL OP(MD)/14224/2020disposed of

Maria Antony Cruz Jegan v. The Inspector Of Police

2020-12-08Honourable Mrs Justice J. Nisha Banu2 pages

Crl.O.P(MD)No.14224 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.12.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU Crl.O.P(MD)No.14224 of 2020 Maria Antony Cruz Jegan ... Petitioner Vs 1.The Superintendent of Police Thirunelveli District, Thirunelveli.

2.The Deputy Superintendent of Police, Nanguneri Circle, Nanguneri, Thirunelveli District.

3.The Inspector of Police Kalakkad Police Station, Kalakkad Thirunelveli District.

4.Suja ... Respondents PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the respondents not to harass the petitioner at the guise of enquiry.

For Petitioner : Mr.R.M.Suresh For R1 to R3 : Mr.V.Neelakandan, Additional Public Prosecutor.

O R D E R

This Criminal Original Petition has been filed to direct the respondent police not to harass the petitioner under the guise of enquiry.

2.The learned counsel appearing for the petitioners reiterated the contentions set out in the original petition. According to the petitioner, due to vengeance, the fourth respondent has lodged a false complaint against the petitioner alleging that he is attempting to grab her property. The respondent police threatened the petitioner over phone to come for enquiry.

3. The learned counsel for the petitioner further submitted that the respondent police may be directed to issue summon to the petitioner before enquiring the petitioner.

4.The learned Additional Public Prosecutor appearing for the respondents 1 to 3, on instructions, would submit that the https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.14224 of 2020 petitioner was called for an enquiry only and the respondent police is not harassing the petitioner.

5.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents 1 to 3.

6.Considering the facts and circumstances of the case, this Criminal Original Petition is disposed of with a direction to the respondents 1 to 3 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 // True Copy // / /2020 Sub Assistant Registrar(CS) Rm 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 Thirunelveli District, Thirunelveli.

2.The Deputy Superintendent of Police, Nanguneri Circle, Nanguneri, Thirunelveli District.

3.The Inspector of Police Kalakkad Police Station, Kalakkad Thirunelveli District.

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

Crl.O.P(MD)No.14224 of 2020 08.12.2020 MJ(CO) AP(22/12/2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2