S.Kamalraj v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.02.2022
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.NO.2652 OF 2022
1. S.Kamalraj
2. R.Sivaradjane
3. Andjalatchy ... Petitioners
Versus
1. The State of Tamil Nadu Represented by The Superintendent of Police, O/o. of the Superintendent of Police, Villupuram.
2. The Sub-Inspector of Police, All Women Police Station, Villupuram, Tamil Nadu.
... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondent not to harass, threaten or intimidate the petitioners and their family members in the colour of investigation/enquiry in respect of complaint lodged by one K.Karbagam, W/o.D.Kumar before the 1st respondent in C.No.2190 SPPET, which later forwarded to the 2nd respondent Police Station the Sub-Inspector of Police, All Women Police Station, Villupuram.
For Petitioners :
Mr.M.Vaikunth For Respondents :
Mr.E.Raj Thilak, Additional Public Prosecutor
ORDER
The prayer sought for herein is to direct the respondent not to harass, threaten or intimidate the petitioners and their family members in the colour of investigation/enquiry in respect of complain lodged by one K.Karbagam, W/o.D.Kumar before the 1st
respondent in C.No.2190 SPPET, which later forwarded to the 2nd respondent Police Station the Sub-Inspector of Police, All Women Police Station, Villupuram.
2. The grievance of the petitioner is that initially one Kanimozhi, the estranged wife of the first petitioner, who is the daughter of Sub Inspector of Police, Valathi Police Station lodged a complaint against the petitioners before the respondents and after enquiry the same was closed. Thereafter, her mother Karpagam lodged a false complaint against the petitioners for the same cause of action before the first respondent and the respondent police under the guise of enquiry are calling the petitioners at odd hours, further they are made to wait in the Police Station for days together without any enquiry.
3. The learned counsel appearing for the petitioner submitted that the matter pertains to matrimonial dispute. He further submitted that on 19.12.2021 and 22.12.2021, the petitioners were called through telephone and on 23.12.2021 they appeared before the respondent Police and given explanation and also produced the documents in support of their explanation.
4. The learned Additional Public Prosecutor submits since it is matrimonial dispute following the Apex Court guidelines, steps were taken to resolve the dispute and nothing more, this the petitioner is terming it as harassment. They further submitted that on current paper received from the office of the Superintendent of Police in C.No.3224 of 2021, enquiry is conducted and steps would be taken to forward the same to the Social Welfare Officer for further enquiry.
5. Recording the same, this Criminal Original Petition is disposed of.
Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar rap/arr To
1. The Superintendent of Police, O/o. The Superintendent of Police, Villupuram, Tamil Nadu.
2. The Sub-Inspector of Police, All Women Police Station, Villupuram, Tamil Nadu.
+1cc to Mr.E.Anbarasan, Advocate, S.R.No.7266 CRL.O.P.No.2652 of 2022 GJ(CO) RLP(21/02/2022)