Madras High CourtCRL OP/9514/2017disposed of

R.Rajendiran v. The Secretary (Home)

2017-05-11Honourable Mr Justice M.S. Ramesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.05.2017

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH Crl.OP No.9514 OF 2017 & Crl.M.P.No.6546 of 2017 R.Rajendiran .. Petitioner Vs

1. The Secretary (Home), Government of Tamil Nadu, Secretariat, Chennai.

2. The Director General of Police, Office of the Inspector General of Police, Government of Tamil Nadu, Chennai.

3. The Inspector General of Police, Office of the Inspector General of Police, Government of Tamil Nadu, Chennai.

4. The Superintendent of Police, Office of the Superintendent of Police, Villupuram District.

5. The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Kottakuppam, Villupuram District.

6. The Sub Inspector of Police, Vaanur Police Stration, Vaanur, Villupuram District.

.. Respondents Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to direct the sixth respondent and his subordinates not to interfere with matrimonial disputes while competent Family Court at Puducherry had seized of the matter in M.O.P.No.95 of 2013 and also direct them not to harass, threaten or intimidate the petitioner in the colour of investigation and thereby ensure the petitioner and his daughter's right to life and personal liberty as guaranteed under Article 21 of Constitution of India. https://hcservices.ecourts.gov.in/hcservices/

For Petitioner : Mr.Prakash Adiapadam For respondents : Mr.M.Mohamed Riyaz Govt.Advocate (Crl.side) - R6 R1 to R5 given up

ORDER

This petition has been filed to direct the sixth respondent police not to harass the petitioner on the complaint preferred by the defacto complainant, without due process of law.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) appearing for the State.

3. On a complaint given by the wife of the petitioner, the sixth respondent, petition enquiry is pending. Under such circumstances, blanket order of 'not to harass' cannot be passed. The petitioner shall co-operate for the enquiry and during the course of enquiry, he shall not be harassed. However, if any cognizable offence is made out, this order would not be a shield against the arrest of the accused. With the above observation, the Criminal Original Petition is disposed of. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar(V.O) //True Copy// Sub Assistant Registrar vrc To

1. The Sub Inspector of Police, Vaanur Police Stration, Vaanur, Villupuram District.

2.The Public Prosecutor High Court,Madras.

+1cc to Mr.Prakash adiapadam, Advocate, S.R.No.37393 Crl.OP No.9514 OF 2017 sai(co) rmp(17/05/17) https://hcservices.ecourts.gov.in/hcservices/