The Madurai Bench disposed of a petition praying for directions to prevent police harassment of the petitioner and her son, directing authorities to follow guidelines from relevant Supreme Court decisions.
Respondents directed to follow guidelines in D.K.Basu and Lalitha Kumari to prevent harassment.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Crl.O.P.(MD)No.3221 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 02.03.2021
CORAM :
THE HONOURABLE Mrs. JUSTICE R. HEMALATHA
Crl.O.P.(MD)No.3221 of 2021
Selvi
... Petitioner
Vs.
1.The Superintendant of Police Kanyakumari District, Nagercoil.
2.The Inspector of Police All Women Police Station, Nagercoil, Kanyakumari District.
3.The Inspector of Police All Women Police Station, Marthandam, Kanyakumari District. ... Respondents
Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondents 2 and 3 not to harass the petitioner and her son.
For Petitioner : Mr.T.Selvakumaran For Respondents : Mr.R.Erottuchamy, Government Advocate (Criminal Side)
ORDER
The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, praying to direct the respondents 2 and 3 not to harass the petitioner and her son.
2.The main grievance of the petitioner is that though the petitioner attended the enquiry conducted by the second respondent / Inspector of Police, All Women Police Station, Nagercoil, she has been frequently harassed by the Inspector of Police, All Women Police Station, Nagercoil. Therefore, she prays for a direction to the respondents 2 and 3 not to harass the petitioner.
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Crl.O.P.(MD)No.3221 of 2021
3.Mr.R.Erottuchamy, learned Government Advocate (Criminal side), who accepts notice on behalf of the respondents, on instructions, would submit that one Sandhya, daughter-in-law of the petitioner, lodged a complaint against the petitioner, her son and two others and the same was registered in C.S.R.No.77 of 2020 and is pending for enquiry.
4.Recording the submissions made by the learned Government Advocate (Criminal side), the respondents / police are directed to follow the guidelines issued in the decisions in D.K.Basu Vs. State of West Bengal reported in AIR (1997) SC 610 and Lalitha Kumari Vs. Government of Uttarpradesh reported in (2014) 2 SCC 1 .
5.With the above observation, this Criminal Original Petition is disposed of.
Assistant Registrar(CS-III)
// True Copy //
/ /2021 Sub Assistant Registrar(CS)
rm
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 Superintendant of Police Kanyakumari District, Nagercoil. 2.The Inspector of Police All Women Police Station, Nagercoil, Kanyakumari District. 3.The Inspector of Police All Women Police Station, Marthandam, Kanyakumari District.
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Crl.O.P.(MD)No.3221 of 2021
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.T.SELVAKUMARAN, Advocate ( SR-8481[F] dated 03/03/2021 )
Crl.O.P.(MD)No.3221 of 2021 02.03.2021
na(CO) TR(11.03.2021) 3P 6C
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1 issue framed by the court
Whether an interim direction can be issued to prevent police harassment of the petitioner and her son pending enquiry.
Colour shows how this judgement treated each authority
D.K.Basu Vs. State of West BengalReferred¶22
D.K.Basu Vs. State of West Bengal reported in AIR (1997) SC 610 · Who else cites this
Lalitha Kumari Vs. Government of UttarpradeshReferred¶22
Lalitha Kumari Vs. Government of Uttarpradesh reported in (2014) 2 SCC 1 · Who else cites this
1 provisions across 1 enactments
Selvi
The Superintendant of Police Kanyakumari District
The Inspector of Police All Women Police Station, Nagercoil
The Inspector of Police All Women Police Station, Marthandam
R. HEMALATHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
