Madras High CourtCRL OP/21835/2024disposed of

G.U.Jagadeesh v. The Assistant Commissioner Of Police

2024-11-05Honourable Mr Justice P. Velmurugan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 05.11.2024 Coram:

THE HONOURABLE MR.JUSTICE P.VELMURUGAN --- G.U.Jagadeesh .. Petitioner Vs.

1. The Assistant Commissioner of Police, O/o Assistant Commissioner of Police, Pallikaranai Range, Chennai.

2. The Inspector of Police, Sellaiyur All Women Police Station, Chennai District.

3. Bakiyalakshmi (Respondent No.3 impleaded as per order dated 15.10.2024 in Crl.M.P.No.14126 of 2024 in Crl.O.P.No.21835 of 2024) .. Respondents Criminal Original Petition filed under Section 482 Cr.P.C. to direct the 1st and 2nd respondents not to harass the petitioner under the guise of investigation.

For petitioner : Mr.P.Muthamizh Selvakumar For respondents : Mr.S.Sugendran, Addl.P.P. for RR-1 and 2 Mr.R.Thirumoorthy for R-3 1 / 4

ORDER

The present petition has been filed to direct the first and second respondents not to harass the petitioner under the guise of investigation.

2. The petitioner has filed a petition for divorce in H.M.O.P.No.4991 of 2023 before the Family Court, Chennai and the third respondent herein has also entered appearance. The matter is pending before the Family Court.

3. Though the learned counsel for the third respondent submitted that after giving complaint to the Police, the petitioner has approached the Family Court and filed a case in H.M.O.P.No.4991 of 2023. However, the Family Court has taken cognizance of the complaint and issued notice to the third respondent who has also entered appearance. Since the dispute relates to the family and the matter is seized of by the competent Court which is established to deal with the family matters, the Police have no role to play in the matrimonial matter pending between the parties.

4. In the above circumstances, this Court directs the respondents 1 and 2 / 4

2/Police not to harass the petitioner and shall not interfere with the matter relating to Family Court and that too, when the matter is pending and seized of by the competent Family Court.

5. With the above observations and direction, this Crl.O.P. is disposed of. 05.11.2024 cs To

1. The Assistant Commissioner of Police, O/o Assistant Commissioner of Police, Pallikaranai Range, Chennai.

2. The Inspector of Police, Selaiyur All Women Police Station, Chennai District.

3. The Public Prosecutor, High Court, Madras. 3 / 4

P.VELMURUGAN, J cs 05.11.2024 4 / 4