Sunday, November 2, 2014

Hubby &Co allegdly harassed by police run to HC seek relief. HC asks hubby 2 co-operate investigation ! HC ALSO says no harassment in the name of inquiry !!


This is a GIST of what the HON. HC has said
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* The prayer by husband in this Petition is thoroughly misconceived !!!
* He was released on bail subject to certain conditions, which he had complied with and therefore, the Court relaxed the conditions.
* Therefore, if enquiry is still pending, it is for the 1st petitioner to co.operate with the enquiry before the 2nd respondent police.

* The Hon court ALSO orders "....However under the guise of enquiry, the 1st petitioner should not be harassed....."

* Now I'm ALL CONFUSED as to what is inquiry and what is harassment ???


*****************************disclaimer**********************************
This judgment and other similar judgments posted on this blog was / were collected from Judis nic in website and / or other websites of Govt. of India or other internet web sites like worldlii or indiankanoon or High court websites. Some notes are made by Vinayak. This is a free service provided by Vinayak (pen name). Vinayak is a member of SIF - Save Indian Family movement. SIF as a concept is committed to fighting FALSE dowry cases and elder abuse. SIF supports gender equality and a fair treatment of law abiding Indian men. Should you find the dictum in this judgment or the judgment itself repealed or amended or would like to make improvements or comments, please post a comment on the comment section of the blog and if you are reading this on tumblr please post responses as comments at vinayak.wordpress.com . Vinayak is NOT a lawyer and nothing in this blog and/or site and/or file should be considered as legal advise.
 

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CASE FROM JUDIS / INDIAN KANOON WEB SITE
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.06.2014

CORAM: THE HONOURABLE MR. JUSTICE T.S.SIVAGNANAM

CRL.O.P.No.15859 of 2014

1    K.JEYARAMAN                                                  [ PETITIONERS  ]
2    A.MADESWARAN

          Vs

1    THE SUPERINTENDENT OF POLICE                 
      ERODE.
                                [ RESPONDENTS ]
2    THE INSPECTOR OF POLICE
      ALL WOMEN POLICE STATION  ERODE.

3    THE INSPECTOR OF POLICE
      ERODE TOWN POLICE STATION  ERODE

4    SANTHIYA
 


Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the respondents 2 and 3 not to harass the petitioners on the complaint of the 4th respondent dt. 4.4.14.

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For Petitioners      :     Mr.I.C.Vasudevan
For Respondents      :     Mr.C.Emalias
                Additional Public Prosecutor
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 O R D E R

The petitioners are accused in Crime No.3 of 2014 for the alleged offences under Sections 498(A), 354, 323, 406 and 506(ii) IPC. The 1st petitioner is the husband of the 4th respondent and the 2nd petitioner is the 1st petitioner's brother in law. The 4th respondent has given a complaint as against them. The 1st petitioner was arrested on 04.04.2014 and subsequently released on bail by the learned Judicial Magistrate NO.I, Erode on condition that he should appear and sign before the 2nd respondent police twice and subsequently it was relaxed. So far as the 2nd petitioner is concerned, he has approached this Court for anticipatory bail by filing Crl.O.P.No.12781 of 2014 and it was reported by the 2nd respondent police that there was no complaint, no FIR as against the 2nd petitioner. Accordingly, recording the same, the said petition was dismissed. Now, the petitioners have approached this Court saying that there are being harassed.

2. The prayer sought for by the 1st petitioner in this Criminal Original Petition is thoroughly misconceived. He was released on bail subject to certain conditions, which he had complied with and therefore, the Court relaxed the conditions. Therefore, if enquiry is still pending, it is for the 1st petitioner to co.operate with the enquiry before the 2nd respondent police. However under the guise of enquiry, the 1st petitioner should not be harassed. http://evinayak.tumblr.com/ ; http://vinayak.wordpress.com/ ; http://fromvinayak.blogspot.com

3. So far as the 2nd petitioner is concerned, since already the Court dismissed the petition for anticipatory bail on the ground that there was no case, no complaint and no FIR registered, the 2nd petitioner should not be harassed.

5.The Criminal Original Petition is disposed of with the above direction.

24.06.2014


To
1    THE SUPERINTENDENT OF POLICE                 
      ERODE.

2    THE INSPECTOR OF POLICE
      ALL WOMEN POLICE STATION  ERODE.

3    THE INSPECTOR OF POLICE
      ERODE TOWN POLICE STATION  ERODE

4.THE PUBLIC PROSECUTOR
    HIGH COURT, MADRAS


T.S.SIVAGNANAM,J.

CRL.O.P.No.15859 of 2014

24.06.2014



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A PDF version of this case is also uploaded to http://1drv.ms/1G9fVRA

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Vinayak
Father of a lovely daughter, criminal in the eyes of a wife, son of an compassionate elderly mother, old timer who hasn't given up, Male, activist