Malliga v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.12.2022

CORAM

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

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

2.The Inspector of Police, Udayalipatti Police Station, Pudukkottai District.

3.Murugesan Special Sub Inspector of Police, Udayalipatti Police Station, Pudukkottai District.

... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the respondents not to harass the petitioner and her mentally disabled son namely Kamal under the guise of enquiry.

1/4

For Petitioner : Mr.K.Baalasundharam For R1 & R2 : Mr.R.Sivakumar Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders to direct the respondents not to harass the petitioner and her mentally disabled son namely Kamal under the guise of enquiry.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondents 1 and 2.

3. The learned Government Advocate (Crl. Side) appearing for the respondents 1 and 2 would submit that the petitioner's son is facing a case in S.C.No.15 of 2020 on the file of the Additional Sessions Court, Pudukkottai for the offence under Section 302 IPC and that the learned Sessions Judge has passed an order dated 07.12.2022 directing the police to produce the third accused/petitioner's son before the Medical Board attached to the Medical College Hospital, Pudukkottai on 03.01.2023 and 2/4

only for that purpose, the third respondent had visited the house of the petitioner.

4. The learned counsel appearing for the petitioner would submit that the third respondent is a distant relative of the petitioner's neighbour and that there existed some dispute between the petitioner and her neighbour, for which, the third respondent is attempting to implicate the petitioner's son in some other cases to wreak vengeance.

5. Considering the submissions made on either sides, the second respondent is directed to depute some other police officials to produce the petitioner's son before the Medical Board on 03.01.2023.

6. With the above direction, this Criminal Original Petition stands disposed of.

21.12.2022 Index :

Yes / No Internet :

Yes / No csm 3/4

K.MURALI SHANKAR,J.

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

2.The Inspector of Police, Udayalipatti Police Station, Pudukkottai District.

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

Order made in Dated: 21.12.2022 4/4