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Madras High CourtCRL OP/14233/2016closed

Mr. Chandra Sekar, v. State By The Deputy

2016-08-08Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.08.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP No.14233 of 2016 Chandra Sekar ..

Petitioner Vs state by 1.The Deputy Commissioner of Police, New Washermenpet, Chennai.

2.The Inspector of Police, RK Nagar Police Station, Chennai.

..

Respondents Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to direct the second respondent police to register FIR on basis of the complaint dated 09.06.2016 given by the petitioner.

For Petitioner :Mr. M.Jai Kumar For Respondents :Mr.C.Emalias Additional Public Prosecutor

ORDER

This criminal original petition has been filed seeking a direction to the second respondent police to register an FIR on the basis of the complaint dated 09.06.2016 given by the petitioner.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

3. It is the case of the petitioner that his wife developed illicit intimacy with one Romeo and she had gone away and therefore, the petitioner lodged a complaint dated 09.06.2016. https://hcservices.ecourts.gov.in/hcservices/

4. The learned Additional Public prosecutor submitted that the petitioner filed a petition in HCP No.1080 of 2016 for a direction to the respondent police to produce his wife and the respondent police produced his wife Nagamalli before the Hon'ble Division Bench of this Court on 17.06.2016 and she has stated that she wants to be left alone and refused to go with the petitioner. Recording her statement, HCP No.1080 of 2016 was closed on 17.06.2016.

5. On a reading of the complaint dated 09.06.2016, it is seen that the petitioner's wife is having adulterous relationship with the said Romeo. Since the complaint does not disclose any cognisable offence, no positive direction can be issued to the respondent police. Hence, this petition is closed with liberty to the petitioner to workout his remedy in the manner known to law.

Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar To 1.The Deputy Commissioner of Police, New Washermenpet, Chennai.

2.The Inspector of Police, RK Nagar Police Station, Chennai.

3. The Public Prosecutor, High Court, Madras.

Crl.OP No.14233 of 2016 bvr[co] srg 29/08/2016 https://hcservices.ecourts.gov.in/hcservices/