Parameshwari v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.08.2023

CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN Crl.O.P.(MD) No.13826 of 2023 Parameshwari ... Petitioner Vs.

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

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

3.Nagaraj 4.Anbumozhi ..Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the second respondent not to harass the petitioner and her family members, based on the complaint dated 15.06.2023. For Petitioner : Mr.P.R.Boomee Rajan For R1 and R2 : Mr.B.Thanga Aravindh Government Advocate (Crl.Side) 1/4

O RDER This Criminal Original Petition is filed seeking for a direction to the respondents Police not to harass the petitioner and her family members under the guise of a complaint given by the respondents 3 and 4.

2. It is submitted by the learned counsel appearing for the petitioner that there are disputes between the petitioner and the unofficial respondents and the petitioner has also filed a civil suit which is yet to be numbered seeking declaration and permanent injunction against the unofficial respondents. However, the respondents Police, on the basis of a false complaint given by the unofficial respondents, have been harassing the petitioner.

3. The learned Government Advocate (criminal side) appearing for the respondents Police submits that on a complaint given by the respondent Nos.3 and 4, the respondents Police have enquired into and found that the petitioner has committed cognizable offence and therefore, a case in Crime No.68 of 2023 was registered for the offence punishable under Sections 294(b), 427 and 506(i) IPC.

2/4

4. Once the complaint given by the respondent Nos.3 and 4 has already been converted into an FIR, no further order can be passed in this petition which is filed by the petitioner for a direction to the respondents Police not to harass her.

5. Accordingly, this Criminal Original Petition is dismissed. However, the petitioner is entitled to take available the legal remedy in the criminal case.

Index : Yes/No 02.08.2023 Internet : Yes/No ssb To 1.The Superintendent of Police, Sivagangai District, Sivagangai.

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

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 3/4

DR.D.NAGARJUN. J.

ssb 02.08.2023 4/4