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Madras High CourtCRL OP/4293/2015disposed of

P.Saravanan v. The Commissioner Of Police

2015-02-24Honourable Mr Justice R.S.Ramanathan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.02.2015

CORAM

THE HON'BLE MR. JUSTICE R.S.RAMANATHAN Crl.O.P.No.4293 of 2015 P.Saravanan

...Petitioner

vs.

1. The Commissioner of Police, Vepery, Chennai - 8.

2. The Superintendent of Police, Thoothukudi District.

3. The Assistant Commissioner of Police, Anna Nagar District, Chennai - 600 040.

4. The Inspector of Police, All Women Police Station, Puthukkottai, Thoothukudi District.

5. The Inspector of Police ( Crime) V-3, J.J.Nagar Police Station, J.J.Nagar, Chennai - 600 037.

6. The Inspector of Police, W-8 All Women Police Station, Thirumangalam, Chennai - 600 040.

...Respondents

Criminal Original Petition filed under Section 482 of the Criminal Procedure Code praying to direct the respondent-Police 3 to 6 not to harass the petitioner under the pretext of enquiry. For Petitioner : Mr.K.Chozhan For Respondents: Mr.M.Maharaja Additional Public Prosecutor

O R D E R

This petition has been filed, seeking direction upon the respondents 3 to 6 not to harass the petitioner in the name of enquiry.

2.

It is submitted by the learned counsel appearing for the petitioner that the wife of the petitioner gave a complaint before

the All Women Police Station, Thoothukudi/fourth respondent and the petitioner appeared before the said Thoothukudi Police Station, and after enquriy, the complaint was closed. Thereafter, the petitioner's wife gave another complaint before the Inspector of Police (Crime) V-3, J.J.Nagar Police Station, Chennnai/fifth respondent, pursuant to which also, the petitioner appeared for enquiry and the fifth respondent enquired the petitioner. Later, the petitioner's wife gave complaint before the All Women Police Station, Thirumangalam, viz., the sixth respondent herein and with regard to the said complaint, the petitioner was called for enquiry. The learned counsel also submitted that the petitioner filed H.M.O.P.No. 65 of 2015, before the Family Court, Tirunelveli, and the same is pending.

The learned counsel submitted the petitioner's wife is consecutively lodging complaints against the petitioner before various Police Station, and pertaining to each and every complaint, the petitioner has been called for enquiry and the petitioner also appeared. The learned counsel, therefore, submitted that suitable direction may be issued to the respondent-Police not to harass the petitioner under the pretext of investigation pertaining to the complaints given by his wife.

3.

The learned Additional Public Prosecutor, representing the respondent/Police submitted that complaint has been received by the sixth respondent from the petitioner's wife and in connection with the same, the petitioner has been called for enquiry. 4.

Considering the submission of the learned counsel for the petitioner and the learned Additional Public Prosecutor, and the fact that the petitioner has appeared before various Police Stations on earlier occasions on the complaints given by his wife, this Criminal Original Petition is disposed of, by directing the respondent-Police to issue summons to the petitioner in connection with the complaint given by the petitioner's wife and on receipt of summons, the petitioner shall appear before the respondent-Police for enquiry. sd -s/d- Assistant Registrar(Ad-I) Dt:4/3/2015 True Copy Sub-Assistant Registrar To

1. The Commissioner of Police, Vepery, Chennai - 8.

2. The Superintendent of Police, Thoothukudi District.

3. The Assistant Commissioner of Police, Anna Nagar District, Chennai - 600 040.

4. The Inspector of Police, All Women Police Station, Puthukkottai, Thoothukudi District.

5. The Inspector of Police ( Crime) V-3, J.J.Nagar Police Station, J.J.Nagar, Chennai - 600 037.

6. The Inspector of Police, W-8 All Women Police Station, Thirumangalam, Chennai - 600 040.

7. The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr.K.Chozan, Advocate SR 10209 sr(co) prk5/3 Crl.O.P.No.4293 of 2015