It is the case of the petitioner that the accused Nagoor Kani had taken photographs of the petitioner's daughter, with which, he was threatening her. On the complaint given by the petitioner, the respondent police registered a case in Crime No.944 of 2016 under Sections 294(b), 354, 506(i) of the Indian Penal Code and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002, on 08.10.2016. During the course of investigation, the petitioner is now before this Court for a direction to the respondent police to secure the impugned photographs of his daughter that are said to be with the accused.
2. Heard Mr.Ganapathi Subramanian, learned counsel for the petitioner and Mr.A.P.Balasubramani, learned Government Advocate (Criminal side) for the respondents.
3. Mr.P.Dharmaraj, Special Sub-Inspector of Police, Bodi Naiyakanur Police Station, Theni District, is present in Court today. On instructions, the learned Government Advocate (Criminal side) submitted that the accused- Nagoor Kani was arrested by the police on 08.10.2016, but, they were not able to recover any photograph from the accused. He also submitted that the charge sheet has been filed on 19.10.2016 before the learned Judicial Magistrate, Bodi Naiyakanur.
4. Under such circumstances, the direction as prayed for by the petitioner cannot be granted. However, if the accused once again misuses the photographs or threatens the petitioner's daughter, a fresh cause of action would arise and a fresh First Information Report can be registered against the accused, on the complaint given by the aggrieved.
5. With the above direction, this Criminal Original Petition is closed.
To
1.The Superintendent of Police, Theni District.
2.The Inspector of Police, Bodi Naiyakanur Police Station, Theni, Theni District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai..