Madras High CourtCRL OP/12650/2016closed

Dr.Elangovan v. The Superintendent Of Police

2016-06-20Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 20.06.2016

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.OP.No.12650 of 2016 Elangovan ... Petitioner Vs 1.The Superintendent of Police, Cuddalore, Cuddalore District.

2.The Inspector of Police, Cuddalore New Town Police Station, Cuddalore, Cuddalore District.

... Respondents Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the 2nd respondent to register a case based on the petitioner's complaint dated 07.06.2016. For Petitioner : Mr.K.G.Senthil Kumar For Respondents : Mr.C.Emalias, APP

O R D E R

This petition has been filed to direct the 2nd respondent to register the petitioner's complaint dated 07.06.2016.

2. Heard the learned counsel for the petitioner; learned Additional Public Prosecutor appearing for the respondents and perused the materials placed on record.

3. It is seen that this petitioner has got divorce from his wife and his son by name Emayavarman, aged 29 years, is with him and that petitioner's wife had taken him and admitted him in Kshema Mind Care, a place for mentally ill persons in Bangalore.

4. In the considered opinion of this Court, even according to the petitioner, his son is kept in Bangalore in a home and therefore, this petitioner should move the appropriate Court in Bangalore for rescuing his son. His son has not been abducted by a third person, but has been taken away by the petitioner's estranged wife, who is none other than the mother of the boy. https://hcservices.ecourts.gov.in/hcservices/

Hence, no positive direction can be issued as prayed for and this petition is closed, with liberty to the petitioner to workout his remedies in the manner known to law. gya -s/d- Assistant Registrar(CS-II) True Copy Sub-Assistant Registrar To 1.The Superintendent of Police, Cuddalore, Cuddalore District.

2.The Inspector of Police, Cuddalore New Town Police Station, Cuddalore, Cuddalore District.

3.The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr.K.G.Senthil Kumar, Advocate SR 34153 rk(co) prk1/7 CRL.OP.No.12650 of 2016 https://hcservices.ecourts.gov.in/hcservices/