Jeevan V Nair v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.06.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Jeevan V Nair ... Petitioner /versus/

1. The Commissioner of Police, O/o.The Commissioner of Police, Otteri, Chennai.

2. The Inspector of Police, W-17, All Women Police Station, Sembium, Peravallur, Chennai.

... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, pleased to direct the respondent police 1 and 2 for not to harass the petitioner.

For Petitioner : Mr.R.Sendhilkumar For Respondents : Mr.S.Udaya Kumar Government Advocate (Crl.Side) 1/4

O R D E R

The petitioner herein alleging harassment in the hands of the 2nd respondent police has filed the present petition seeking protection.

2. The Learned Govt. Advocate (Crl.Side) for the respondents submits that due to matrimonial dispute, the petitioner and his wife got separated and living in different place. A girl child is presently in the custody of the petitioner herein and complaint been given by wife for retrieving the custody. In this connection, the police has called the petitioner for enquiry, on the complaint given by Monisha, wife of Jeevan/petitioner dated 26.08.2023. A petition for Family Court, Kottayam for resolution of marriage filed by the petitioner herein and same is pending and also it is reported that petition for Guardian O.P is initiated by the petitioner herein before the Hon'ble High Court and pending in Guardian O.P.No.344 of 2024 and the respondent police has taken note of it and if the petitioner furnish the copies of the divorce petition and petition for Guardian O.P, same will be taken note of and the complaint will be closed.

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3. Recording the above statement of the Government Advocate (Crl.Side), this Criminal Original Petition is disposed of directing the petitioner herein to furnish the copies of his divorce petition pending before the Family Court, Kottayam and the copy of the Guardian O.P filed before the High Court to the Investigating Officer and thereafter, the respondent police shall proceed on the complaint given by Monisha, the wife of the petitioner.

4. With the above observation, this Criminal Original Petition is disposed of.

07.06.2024 Index : Yes/No.

: Yes/No.

bsm Copy to:- 1.The Commissioner of Police, O/o.The Commissioner of Police, Otteri, Chennai.

2. The Inspector of Police, W-17, All Women Police Station, Sembium, Peravallur, Chennai.

3.The Public Prosecutor, High Court of Madras, Chennai. 3/4

Dr.G.JAYACHANDRAN, J.

bsm 07.06.2024 4/4