Madras High CourtCRL OP/18134/2021disposed of

Sri Sashidran v. The State Rep By

2021-10-06Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.10.2021

CORAM

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Crl.O.P.No.18134 of 2021 K.Sri Sashidran

...Petitioner

Versus

The Inspector of Police, Paramathi Vellur Police Station.

Paramathi

...Respondent

Prayer: This Criminal Original Petition is filed under Section 482 of Criminal Procedure Code praying to direct the respondent police not to harass the petitioner.

For Petitioner :

Mr.Rahul Jagannathan For Respondent :

Mr.R.Vinoth Raja Government Advocate (Crl.Side)

O R D E R

This petition has been filed to direct the respondent police not to harass the petitioner.

2. The learned counsel for the petitioner has submitted that the petitioner married one Monisha and they were residing in Besant Nagar. Thereafter, matrimonial dispute arose between them and his wife lodged the above complaint. The petitioner already initiated the matrimonial dispute and the issue has been referred to the Social Welfare Officer. Under such circumstances, the petitioner is summoned.

3. The learned Government Advocate (Crl.Side) has that on the complaint of the petitioner's wife Monisha, the petitioner was called for enquiry, as prior enquiry has to be https://hcservices.ecourts.gov.in/hcservices/

made before the registration of the complaint. As per the Laithakumari case, the petitioner was called for enquiry to give explanation before the respondent police along with supporting documents. Thereafter, the respondent police would proceed according to law. He further submitted that the petitioner is called for enquiry today and he had undertaken to appear today. On the contrary, he filed the above petition.

4. The learned counsel for the petitioner further submitted that on earlier four occasions the petitioner had appeared before the respondent police and gave his explanation and also informed that already the matter is being enquired by the Social Welfare Office. Despite the same, he has been called unnecessarily.

5. In view of the same, the respondent police shall consider the representation of the petitioner and also take into account that it is only a matrimonial dispute, under the guise of enquiry, the petitioner need not be harassed unnecessarily.

6. With the above directions, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CJ CONF) //True Copy// Sub Assistant Registrar dna/drm To

1. The Inspector of Police, Paramathi Vellur Police Station.

2. The Public Prosecutor High Court, Madras.

Crl.O.P.No.18134 of 2021 RSI (CO) K.RK. (01.11.2021) https://hcservices.ecourts.gov.in/hcservices/