Mrs.Aishwariya v. State By, Secretary To

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.07.2018

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.No.22488 of 2010 and MP.Nos.1 & 2 of 2010 Aishwariya ... Petitioner Vs.

1. State by, Secretary to Government, Home Department, Chennai - 600 009.

2. Commissioner of Police, Greater Chennai City Police, Egmore, Chennai - 600 008.

3. Anandaraman, Inspector of Police, K-3, Aminchikarai Police station, Chennai.

4. Abishek Prasath (R4 impleaded suo-moto as per the order of this Court dated 22.01.2014) ... Respondents Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, forbearing the respondent-3 by virtue of Old 584 (2) (b), New 562 (2) (b) of Police Standing Order, from setting Criminal Law in motion without F.I.R.in a civil matrimonial dispute by summoning petitioner - women from her matrimonial house during night hours and thus forcing her to stay at hotel and directing 2nd respondent Commissioner of police to give protection to writ petitioner at her matrimonial house against unlawfully extraditing her from her matrimonial house by 3rd party elements and local police and directing the 2nd respondent commissioner of police to consider and take necessary actions upon the writ petitioner's complaint dated 23.09.2010.

For Petitioner : Mr.GK.Harihara Rajan For R1 to R3 : Mr.J.Ramesh, AGP For R4 : Mr.S.Shrenik Raj

O R D E R

The prayer made in this writ petition is to issue a mandamus, forbearing the third respondent from setting criminal law in motion without F.I.R. in a civil matrimonial dispute by summoning the petitioner from her matrimonial house during night hours and forcing her to stay at hotel and consequently, direct the 2nd respondent to give protection to the petitioner at her matrimonial house against unlawfully extraditing her from her matrimonial house by 3rd party elements and local police, by considering the complaint lodged by the petitioner dated 23.09.2010.

2.Heard both sides and perused the records.

3.This Court is of the view that the relief sought for herein does not survive at this distant point of time. Hence, this writ petition stands closed, leaving it open to the parties to approach the Court concerned for appropriate relief as and when required. No costs. Consequently, connected Miscellaneous Petitions are also closed.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar rk To

1. The Secretary to Government, Home Department, Chennai - 600 009.

2. Commissioner of Police, Greater Chennai City Police, Egmore, Chennai - 600 008.

+1cc to Mr.S.Shrenik Raj, Advocate sr.no.49579 +1cc to Government Pleader sr.no.50438 W.P.No.22488 of 2010 nr 06/09/2018