This petition is for a direction directing the respondents 3 and 4 not to harass the petitioner and her family members under the guise of enquiry.
2. Heard the learned counsel appearing for the petitioner and Mr.K.S.Duraipandian, learned Additional Public Prosecutor appearing for the respondents 1 to 4.
3. It is stated that the 5th respondent has lodged a false complaint before the third respondent against the petitioner and that the petitioner called by the third respondent Police and kept her in the Police Station up to 8.00 pm on 13.09.2017. It is further stated that the petitioner is being harassed by asking her not to contact with one Murugandi, who is the husband of the 5th respondent. It is stated that the petitioner is living with her family members separately. She was only working as helper (Sithal) under the said Murugandi, who is a mason. In these circumstances, the petitioner alleging that the respondents 3 and 4 are harassing the petitioner under the guise of enquiry has come forward with this petition.
4. Having regard to the facts stated by the petitioner, this Court is of the view that the petitioner cannot be harassed as she has not committed any offence as stated by 5th respondent. Unless a complaint is received against the petitioner alleging any cognizable offence, there is no scope for any enquiry. Even if the presence of the petitioner is required for an any enquiry the same also shall be done only by issuing summons in the manner prescribed in law.
5. With the above direction the Criminal Original Petition is disposed of .
To
1.The Superintendant of Police, Sivagangai, Sivagangai District.
2.The Deputy Superintendant of Police, Manamadurai, Sivagangai District.
3.The Inspector of Police, All Women Police Station, Manamadurai, Sivagangai District.
4.The Sub Inspector of Police, Manamadurai Police Station, Manamadurai, Sivagangai District.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. .