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Madras High CourtCRL OP/29501/2015disposed of

A.Suresh v. The Superintendent Of Police

2015-12-14Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.12.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.29501 of 2015 A.Suresh ... Petitioner Vs

1. The Superintendent of Police, Dharmapuri District, Dharmapuri.

2. The Inspector of Police, Palacode Police Station, Palacode, Dharmapuri District.

... Respondent Criminal Original Petition filed under Section 482 Cr.P.C. seeking a direction to the Respondents to register a case in respect of the complaint dated 18.11.2015 submitted by the petitioner within a time to be stipulated by this Court. For Petitioner : Mr.R.Ramesh Raja For Respondents : Mr.C.Emalias Additional Public Prosecutor

O R D E R

The present criminal original petition has been filed seeking direction to the respondents to register a case based on the petitioner's complaint dated 18.11.2015.

2. The petitioner, who is working as Constable in Railway Police Force, Thirupathur, has married one K.Uma Devi in the year 2004 and they are having two children. The petitioner's wife, who is working as BT Assistant in a Government School, P.Kollapatti, had illegal relationship with one Raj Kumar, who is also working in the same school. When the petitioner questioned the same, the said Rajkumar and the petitioner's wife threatened the petitioner and compelled him to give divorce. https://hcservices.ecourts.gov.in/hcservices/

Hence, the petitioner lodged a complaint on 18.11.2015. But, till date, no action was taken on the said complaint. Hence, the present Criminal Original Petition has been filed.

3. Today, when the matter is taken up for consideration, the learned Additional Public Prosecutor submitted that the allegations made in the complaint does not constitute any cognizable offence.

4. The learned counsel for the petitioner denies the same and submitted that the petitioner's wife along with Rajkumar are frequently threatening the petitioner and on 11.11.2015, his wife and others have assaulted the petitioner.

5. Considering the submission made on either side, even though the allegation made in the complaint does not disclose commission of any cognizable offence, this Court directs the second respondent to conduct enquiry with regard to the threat alleged to have been made by the petitioner's wife and others and dispose of the complaint as early as possible. Sd/ ASSISTANT REGISTRAR(CS-II) /TRUE COPY/ SUB-ASSISTANT REGISTRAR mrp To

1. The Superintendent of Police, Dharmapuri District, Dharmapuri.

2. The Inspector of Police, Palacode Police Station, Palacode, Dharmapuri District.

3. The Public Prosecutor, High Court, Madras.

+1 CC to MR.R.Ramesh Raja Advocate. SR.NO.67066 Crl.O.P.No.29501 of 2015 CO-GR JD 30/12/2015 https://hcservices.ecourts.gov.in/hcservices/