Srinivasan v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.12.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.28002 of 2015 L.Srinivasan ..Petitioner Vs

1. The Commissioner of Police, Vepery, Chennai - 7.

2. The State rep. By The Inspector of Police, K6, T.P.Chatram Police Station, Kilpauk, Chennai-10 ... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. to direct the second respondent police to register a case on the complaint of the petitioner dated 05.1.2015 given to the first respondent in person and forwarded to the second respondent for investigation.

For Petitioner :

Mr.P.Rathanavel For respondents :

Mr.C.Emalias, Addl.Public Prosecutor.

O R D E R

This petition has been filed to direct the second respondent police to register a case on the complaint of the petitioner dated 05.1.2015 given to the first respondent in person and forwarded to the second respondent for investigation.

2. The petitioner married one Sangeetha on 25.05.2014. Due to wedlock, a female child was born on 06.04.2015. Now, the relationship between the petitioner and his wife became strained. His wife demanded him to arrange for a separate house, deserting his aged parents. She misbehaved with him and his parents. The petitioner filed a petition for restitution of conjugal rights before the Family Court, Chennai. But his wife

gave a complaint before All Women Police Station, Kilpauk, Chennai with false allegation. The petitioner obtained anticipatory bail before this Court and by order dated 07.10.2015, this Court directed the petitioner to appear before the respondent police for enquiry.

3. When the petitioner went to the All Women Police Station, Kilpauk, the petitioner was tortured, ill treated, harassed and threatened by the women police at the instance of the petitioner's wife. On 04.11.2015, the Women Police completed the enquiry. The petitioner's wife, her brothers and her parents came along with her relatives to his house at 12.45 noon and scolded him with filthy language standing in the street. Therefore, the petitioner lodged a complaint with the respondent police, but no action was taken till date.

4. When the matter is taken up for consideration learned Additional Public Prosecutor submitted that for the same set of allegation, the mother of the petitioner has lodged a complaint and the matter was investigated and the complaint was closed by the respondent police. Now, the petitioner/husband has given a complaint for the same occurrence.

5. Since already the complaint given by the mother of the petitioner, for the same set of allegation was closed, now, this Court is not inclined to give any direction to the respondent police. Hence, recording the submissions made by the learned Additional Public Prosecutor, the criminal original petition is dismissed.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar vsi

To

1. The Commissioner of Police, Vepery, Chennai - 7.

2. The Inspector of Police, K6, T.P.Chatram Police Station, Kilpauk, Chennai-10

3. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.28002 of 2015 GR(CO) Eu 8.1.16