Priyadharsani v. The Superintendent Of Police

Crl.O.P(MD).No.14635 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.12.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU Crl.O.P.(MD)No.14635 of 2020 Priyadharsani ....Petitioner Vs.

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

2.The Deputy Superintendent of Police, Ramanathapuram Town, Ramanathapuram District.

3.The Inspector of Police, Kenikarai Police Station, Ramanathapuram District.

....Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the 1st respondent and Special team police of the 2nd and 3rd respondents not to harass the petitioner under the guise of enquiry.

For Petitioner: Mr.M.Jegadeesh Pandian For R1 to R3 : Mr.V.Neelakandan Additional Public Prosecutor(Crl.side)

ORDER

This petition has been filed to direct the respondents not to harass the petitioner under the guise of enquiry. 2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor (Criminal Side) for the respondents.

3.The learned counsel for the petitioner would submit that the petitioner's husband namely Baskaran was implicated as an accused in S.C.No.25 of 2020, on the file of the Principal District Court Ramanathapuram and he was not appeared before the trial Court for hearing and hence the Court below issued warrant against him. The grievance of the petitioner is that she does not know whereabouts of her husband and the 3rd respondent police is continously harassing the petitioner asking whereabouts of him. Though she informed the respondent police that she has no contact with her husband, they are harassing the petitioner under the guise of enquiry. Hence, she sent a representation to the 3rd respondent on 26.11.2020 and the same has not been considered so far. Hence, this petition.

4.The learned Additional Public Prosecutor, on instructions, would submit that, the learned Principal District Judge, Ramanathapuram has issued warrant against the petitioner's https://hcservices.ecourts.gov.in/hcservices/

Crl.O.P(MD).No.14635 of 2020 husband in S.C.No.25 of 2020 and in order to exectue the same, the petitioner was called for to know whereabouts of the the petitioner's husband and no such harassment as contended by the learned counsel for the petitioner.

5.Recording the above submission made by the learned Additional Public Prosecutor and considering the facts and circumstances of the case, the respondent police is directed to proceed with the prosecution case in the manner known to law. However, there shall be a direction to the respondent police not to harass the petitioner.

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

Sd/- Assistant Registrar (AD II) // True Copy // / /2020 Sub Assistant Registrar(CS) vrn 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, Ramanathapuram, Ramanathapuram District.

2.The Deputy Superintendent of Police, Ramanathapuram Town, Ramanathapuram District.

3.The Inspector of Police, Kenikarai Police Station, Ramanathapuram District.

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

Crl.O.P.(MD)No.14635 of 2020 14.12.2020 MJ(CO) KK(28.12.2020) 2 P 5C https://hcservices.ecourts.gov.in/hcservices/