Umesh Kumar, v. Commissioner Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.08.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP No.17451 of 2016 and Crl.MP No.8371 of 2016

1. Umesh Kumar

2. Pachaimuthammal

3. Umesh .. Petitioners Vs State by 1.Commissioner of Police, Chennai.

2.The Inspector of Police, W-35, All Women Police Station, Tambaram.

3. Swarnasankari ..Respondents Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records in FIR in Crime No.2 of 2016 dated 04.01.2016 pending investigation on the file of 2nd Respondent Police AWPS Tambaram W-35 Police and quash the same. For Petitioner : Mr.S.Shaji Paul For R1 and R2 : Mr.C.Emalias, Addl.Public Prosecutor

O R D E R

This petition has been filed to call for the records in FIR in Crime No.2 of 2016 dated 04.01.2016 pending investigation on the file of 2nd Respondent Police AWPS Tambaram W-35 Police and quash the same.

2. Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor appearing for the State.

3. It is seen that on the complaint lodged by Swarnasankari, the respondent police registered a case in Cr.No.2 of 2016 on 04.01.2016 for the offences under section 498(A), 406 and 506(i) IPC against the petitioners herein, challenging which the petitioners are before this Court.

4. The learned counsel for the petitioners submitted that the 1st petitioner got married to Swarnasankari on 11.09.2013 and thereafter, they lived together hardly for a few months and then got separated. He also submitted that the articles belonging to Swarnasankari were handed over to her as early as 10.02.2015 through the Inspector of Police, All Women Police Station, despite which she has lodged the present complaint, alleging that her degree certificates are with the petitioners.

5. Admittedly, the petitioners are on anticipatory bail and therefore, there is no threat of any arrest. However, it is seen that Swarnasankari has given a letter dated 10.02.2015, wherein, she has clearly admitted that she has received all the household articles including TV, Washing Machine, Mixie, Grinder etc., and also her educational certificates. Under such circumstances, the respondent police is directed to conduct enquiry on all these aspects and if it is found that complaint given by Swarnasankari is only to harass the petitioners, the same shall be closed.

With the above observation, this petition is dismissed. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar To 1.Commissioner of Police, Chennai.

2.The Inspector of Police, W-35, All Women Police Station, Tambaram.

3.The Public Prosecutor, High Court, Madras.

+2cc to Mr.S.Shaji Paul, Advocate Sr.45643 Crl.OP No.17451 of 2016 gj ii[co] srg 26/08/2016