Madras High CourtCRL OP(MD)/18507/2021disposed of

S. Lakshmi v. The Inspector Of Police

2021-11-25Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.11.2021 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN S.Lakshmi ... Petitioner Vs.

1.The Inspector of Police, District Crime Branch, Karur District, Karur.

2.The Superintendent of Police, Karur District, Karur.

... Respondents Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the 1st respondent not to harass the petitioner on the guise of enquiry.

For Petitioner : Mr.V.Nagarajan For Respondent : Mr.M.Sakthi Kumar, Govt. Advocate (Crl. Side)

O R D E R

This criminal original petition has been filed to forebear the respondent police from restraining the petitioner. 2.When the matter was taken up for hearing, the learned Government Advocate (Crl. Side) submitted that the school in which, the petitioner was working as accountant had given a complaint of misappropriation against the petitioner. The complaint was received on 01.10.2021. The first respondent wants to enquire the petitioner in this regard.

3.The learned counsel for the petitioner submitted that the petitioner had worked in the school in question till the year 2018. Unable to withstand the sexual torture given by the school correspondent, she had quit the institution. Before doing so, she had settled all the accounts. He would also point out that 1/3

earlier a complaint was given and the same was enquired into and closed. According to the learned counsel for the petitioner, there cannot be any second complaint on the same set of facts. That the complaint given against the petitioner is the second complaint is also accepted by the learned Government Advocate (Crl. Side).

4.In these circumstances, this criminal original petition is disposed of with the following directions:- "(a) The first respondent can summon the petitioner only by issuing written summons. There is no question of orally summoning the petitioner.

(b) The first respondent will conclude the enquiry on merits and in accordance with law within a period of two weeks after the appearance of the petitioner. (c) The first respondent shall consider all the points projected by the petitioner and if it is found that the complaint has been given for collateral reasons, it shall be closed.

(d) 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 to move the concerned Court for the relief of anticipatory bail."

Sd/- Assistant Registrar (CS I) // True Copy // / /2021 Sub Assistant Registrar(CS) ias 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, District Crime Branch, Karur District, Karur.

2.The Superintendent of Police, Karur District, Karur.

2/3

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

+1 CC to M/s.V. NAGARAJAN, Advocate (SR-35794[F] dated 25/11/2021) 25.11.2021 MA(CO) SB(03.12.2021) 2P 5C 3/3