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Madras High CourtCRL OP(MD)/13888/2024disposed of

Maheswari v. The Superintendent Of Police

2024-08-23Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.08.2024

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR Maheswari ... Petitioner Vs.

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

2.The Inspector of Police, Pazhavoor Police Station, Tirunelveli District.

3.Thanga Pabila ... Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the first respondent to instruct the second respondent not to harass the petitioner and her family members, on the basis of the petitioner's complaint dated 10.08.2024 to the first respondent. For Petitioner : Mr.S.Krishna Kumar For R1 & R2 : Mr.P.Kottai Chamy Government Advocate (Crl. Side) 1/4

ORDER

The Criminal Original Petition has been filed, invoking Section 528 B.N.S.S., seeking orders to direct the first respondent to instruct the second respondent not to harass the petitioner and her family members, on the basis of the petitioner's complaint dated 10.08.2024 to the first respondent.

2. The learned counsel appearing for the petitioner would submit that the third respondent is the sister-in-law of the petitioner, that earlier the third respondent has lodged two complaints against the petitioner and some others one before Valliyoor All Women Police Station and the other before Anchugramam Police Station, that in both the complaints, the petitioner appeared before the concerned police and that now the third respondent has lodged another complaint before the second respondent.

3. The learned Government Advocate (Criminal Side) appearing for the respondents 1 and 2 would submit that on the basis of the complaint given by the third respondent before the second respondent, CSR No.546 of 2024 came to be registered and is pending for enquiry. 2/4

4. Taking into account the overall facts and circumstances, the following directions are issued:- "(a) The second respondent will issue written summons to the petitioner and to the private respondent for causing their appearance before him for enquiry. There is no question of orally summoning the parties to the police station.

(b) The second respondent will conclude the enquiry within a period of two weeks from the date of receipt of a copy of this order.

(c) If at the end of the enquiry, cognizable offence is made out and the second respondent proposes to register any FIR, the petitioner will be given notice of the same so that the petitioner will have breathing time to move the concerned Court for the relief of anticipatory bail."

5. With the above directions, this Criminal Original Petition stands disposed of.

23.08.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No csm 3/4

K.MURALI SHANKAR,J.

csm To 1.The Superintendent of Police, Tirunelveli District, Tirunelveli.

2.The Inspector of Police, Pazhavoor Police Station, Tirunelveli District.

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

Order made in Dated: 23.08.2024 4/4