Madras High CourtCRL OP(MD)/14989/2021disposed of

Josephin Parimala v. The Inspector Of Police

2022-01-06Honourable Mr Justice G.R.Swaminathan2 pages

CRL.O.P.(MD)NO.14989 OF 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.01.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.14989 of 2021 Josephin Parimala ... Petitioner Vs.

1. The Inspector of Police, Emaneshwaram police station, Ramanathapuram District.

2. Arokiya Mary ... Respondents Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to direct the first respondent to not to harass the petitioner and her family members in the guise of enquiry based on the complaint of the second respondent.

For Petitioner : Mr.M.S.Jeyakarthik For R-1 : Mr.M.Sakthi Kumar, Government Advocate (Crl. Side).

For R-2 : Mr.M.Lenin Maharaja

O R D E R

The petitioner alleges harassment at the hands of the respondent police at the instance of the private respondent. 2.When the matter was taken up for hearing, the learned Government Advocate(Crl. Side) submitted that a complaint has been received against the petitioner. However, FIR is yet to be registered and that enquiry is pending as on date. 3.In these circumstances, to protect the rights of the petitioner, the following directions are issued:- (i) The petitioner will be summoned only by way of written summon. There is no question of orally summoning the petitioner.

(ii) The first respondent will conclude the enquiry on merits and in accordance with law within a period of https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P.(MD)NO.14989 OF 2021 two weeks after the appearance of the petitioner. (iii) If the matter is purely civil in nature, the first respondent will close the complaint.

(iv) If cognizable offence is made out and if the first respondent proposes to register any FIR, the petitioner will be given due notice. So that the petitioner will have breathing time to move the concerned Court for the relief of anticipatory bail.

4.The criminal original petition is disposed of accordingly. Sd/- Assistant Registrar(T & P) // True Copy // / /2022 Sub Assistant Registrar(CS) PMU 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 Inspector of Police, Emaneshwaram police station, Ramanathapuram District.

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

+1 CC to M/s.M.S.JEYAKARTHIK, Advocate ( SR-710[F] dated 07/01/2022 ) Crl.O.P.(MD)No.14989 of 2021 06.01.2022 KK(CO) TR(31.01.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2