The petitioner, an accused in a domestic maintenance case, filed a Crl.O.P. alleging police harassment during NBW execution. The court found that executing a valid legal process cannot be construed as harassment and dismissed the petition.
The Criminal Original Petition seeking to direct the police not to harass the petitioner is dismissed.
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..No.22492 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.10.2023
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
Crl.O.P.No.22492 of 2023
K.Harikrishnan ... Petitioner
Vs.
1. The Inspector of Police, B-5 Harbour Police Station,
2. G.Sumathy
3. Stella ... Respondents
Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, pleased to direct the 1 st respondent police not to harass the petitioner and the family members of petitioner.
For Petitioner : Mr.V.Jayakumar For R1 : Mr.S.Udaya Kumar Government Advocate (Crl. Side)
O R D E R
The petitioner herein, who is an accused in M.P.No.72 of 2021, on the
file of the III Additional Principal Judge, Family Court, Chennai initiated by
1/4
Crl.O.P..No.22492 of 2023
his wife Sumathi for maintenance, has failed to appear before the Court and therefore, Non Bailable Warrant been issued. Pursuant to the issuance of the NBW, the police has come to the residence of the petitioner herein to execute the same. The petitioner, who is not residing in the address, has now come before this Court alleging that the police is harassing him and his family members.
2. On perusing the records, this court finds that the attempt of the police to execute the Non Bailable Warrant issued by competent Court, no stretch of imagination be construed as harassment. Hence, this Criminal Original Petition is dismissed.
05.10.2023
Index : Yes/No Neutral Citation : Yes/No
mac/rpl
2/4
Crl.O.P..No.22492 of 2023
To
2. The Public Prosecutor, High Court, Madras.
3/4
Crl.O.P..No.22492 of 2023
Dr.G.JAYACHANDRAN, J.
Mac/rpl
Crl.O.P.No.22492 of 2023
05.10.2023
4/4
2 issues framed by the court
Whether the police's execution of a Non Bailable Warrant against the petitioner amounts to harassment.
Whether the Criminal Original Petition seeking a stay on police actions should be allowed.
1 provisions across 1 enactments
K.Harikrishnan
The Inspector of Police, B-5 Harbour Police Station, Mannady, Chennai
G.Sumathy
Stella
G.Jayachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
