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Madras High CourtCRL OP/13255/2018closed

A.Aandi, Aged 35 Years, v. The State Of Tamil Nadu,

2018-07-09Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 09.07.2018

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.O.P.No.13255 of 2018 A.Aandi .. Petitioner Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Yercaud Police Station, Yercaud, Salem District.

.. Respondent Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the respondent police not to harass the petitioner.

For Petitioner : Mr.K.Selvaraj For Respondent : Ms.Kritika Kamal Govt. Advocate [Crl. Side]

O R D E R

This Criminal Original Petition has been filed to direct the respondent not to harass the petitioner under the guise of enquiry.

2.Heard the learned counsel appearing for the petitioner and the learned Government Advocate [Crl. Side] appearing for the respondent.

3.Today, Mr.S.Selvakumar, SSI, Yercaud Police Station, Salem District is present before this Court.

4.On 04.06.2018, this Court passed the following order : "When the matter was taken up for hearing, the learned Government Advocate [Crl. Side] submitted that the petitioner's wife Chandra has initiated proceedings under Section 125 Cr.P.C. in M.C.No.3 of 2010 and obtained orders from the learned Judicial Magistrate-V, Salem for enhanced maintenance. Since the petitioner did not make payment of the enhanced amount of maintenance, Chandra has obtained distress warrant, which the police is seeking to execute. https://hcservices.ecourts.gov.in/hcservices/

2.Mr.K.Selvaraj, learned counsel for the petitioner submitted that the petitioner is ready and willing to deposit a sum of Rs.25,000/- [Rupees Twenty Five Thousand only], being the arrears of the enhanced maintenance, so that he need not be harassed by the Police.

3.Recording the submission, the petitioner is directed to deposit a sum of Rs.25,000/- to the credit of M.C.No.3 of 2010 on the file of the Judicial Magistrate Court-V, Salem within a period of two weeks from today and on such deposit, Chandra will be entitled to withdraw the same. The Police shall not harass the petitioner.

Post the matter "for reporting compliance" on 18.06.2018."

5.Mr.Selvaraj, learned counsel for the petitioner submitted that the petitioner has deposited Rs.25,000/- vide receipt No.512176 to the credit of MC.No.3 of 2010 before the Judicial Magistrate Court No.V, Salem. In support of which, he produced a copy of the receipt.

6.Recording the same, this petition is closed with a direction to the respondent Police not to harass the petitioner on this aspect. The respondent Police is directed to inform Chandra about this fact, so that she can take steps to withdraw the money from the Court.

s/d- Assistant Registrar(CO) True Copy Sub-Assistant Registrar gya To 1.The Inspector of Police, Yercaud Police Station, Yercaud, Salem District.

2.The Public Prosecutor, High Court, Madras.

+1 CC to Mr.K.Selvaraj, Advocate sr 44396 CRL.OP.No.13255 of 2018 GSP(18/07/2018) https://hcservices.ecourts.gov.in/hcservices/