Usha vs The District Collector on 24 June, 2019

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Madras High Court

Usha vs The District Collector on 24 June, 2019

Bench: N.Anand Venkatesh

                                                           1

                               IN THE HIGH COURT OF JUDICATURE AT MADRAS


                                                DATED : 24.06.2019

                                                        CORAM

                          THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                           Crl.O.P.No.12787 of 2019

                      Usha                                                          .. Petitioner
                                                          -vs-


                      1.The District Collector,
                        Salem District,
                        Salem.

                      2.The Commissioner of Police,
                        Salem City,
                        Salem District.

                      3.The Inspector of Police,
                        Annathanapatti Police Station,
                        Salem District.                                           .. Respondents


                      Prayer: Criminal Original petition is filed under Section 482 of

                      Criminal Procedure Code, to direct respondents 1 and 2 to hold

                      enquiry into the torture implicated on the petitioner by the

                      Inspector   of Police,      Annathanapatti   Police   Station,   the   Third

                      Respondent herein under the procedure laid down under 151 Police

                      Standing Orders to secure the ends of justice.

                               For Petitioner         : Mr.R.Sankarasubbu


                               For Respondents        : Mr.M.Mohamed Riyaz
                                                        Addl. Public Prosecutor
http://www.judis.nic.in
                                                              2

                                                         ORDER

This Criminal Original Petition has been filed seeking to direct respondents 1 and 2 to hold enquiry into the torture implicated on the petitioner by the Inspector of Police, Annathanapatti Police Station, the Third Respondent herein under the procedure laid down under 151 Police Standing Orders to secure the ends of justice.

2.On going through the status report filed by the respondent Police, it is found that there are several cases pending against the husband of the petitioner and in totally 10 cases Non- bailable Warrants are pending against him. Out of which, two are murder cases, two are attempt to murder case, three are robbery cases and one kidnapping case for ransom. Whenever the police is attempting to secure the accused person, they enquire this petitioner. Therefore, the petitioner has approached this Court on the ground that she is being harassed by the respondent Police.

3.This Court has already passed an order dated 09.05.2019 to the effect that the respondent Police shall call the petitioner for an enquiry by issuing necessary summons and only thereafter enquire the petitioner. This direction will safeguard the http://www.judis.nic.in 3 right of the petitioner. Any direction apart from this will amount to interfering with the investigation conducted by the Police.

4.This Criminal Original Petition is disposed of with the above direction.

24.06.2019 Speaking Order/Non-speaking Order Index : Yes/No Internet : Yes/No kal To

1.The District Collector, Salem District, Salem.

2.The Commissioner of Police, Salem City, Salem District.

3.The Inspector of P:olice, Annathanapatti Police Station, Salem District.

4.The Public Prosecutor, High Court of Madras, Chennai.

http://www.judis.nic.in 4 N.ANAND VENKATESH.J kal Crl.O.P.No.12787 of 2019 24.06.2019 http://www.judis.nic.in

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