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Madras High CourtCRL OP/15828/2021disposed of

G.K.Yashwanth v. The Sub Inspector Of Police

2021-09-08Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.09.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.NO.15828 OF 2021 G.K.Yashwanth ... Petitioner

Versus

The Sub Inspector of Police, All Women Police Station, Guindy, Chennai - 600 032.

... Respondent PRAYER:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondent not to harass the petitioner on he basis of the false and fraudulent complaint of Asmitha.

For Petitioner : Mr.S.Sudarshan For Respondent : Mr.A.Damodaran Government Advocate (Crl.Side)

ORDER

This petition has been filed to direct the respondent not to harass the petitioner on he basis of the false and fraudulent complaint of Ashmitha.

2. The contention of the petitioner is that the petitioner is the husband of one Asmitha and their marriage took place on 19.12.2012. Due to matrimonial dispute, they got separated and the petitioner has filed a divorce petition. Suppressing the same, the said Asmitha has lodged a complaint and CSR.No.206 of 2021 was assigned. The respondent Police on the guise of enquiry, called the petitioner at odd hours and harassed him.

3. The learned Government Advocate (Crl.Side) has submitted that on the complaint of Ashmitha, who is the estranged wife of the petitioner, CSR.No.206 of 2021 dated 07.07.2021 was https://hcservices.ecourts.gov.in/hcservices/

assigned. The enquiry is conducted only as per the directives of the Hon'ble Supreme Court in matrimonial dispute. The complaint was also forwarded to the Social Welfare Officer. The petitioner as well as the said Asmitha, appeared before the Social Welfare Office on 03.09.2021 and report is awaited.

4. In view of the same, this Court finds that since it is a matrimonial dispute, conducting enquiry by the respondent Police, cannot be termed as harassment. Accordingly, the Criminal Original Petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar dna To 1.

The Sub Inspector of Police, All Women Police Station, Guindy, Chennai - 600 032.

2.

The Public Prosecutor High Court, Madras.

CRL.O.P.NO.15828 OF 2021 MG(CO) PBS/24/09/2021 https://hcservices.ecourts.gov.in/hcservices/