Madras High CourtCRL OP/34483/2019dismissed

R.Balamurugan v. The Superintendent Of Police

2020-01-07Honourable Mr Justice P. Rajamanickam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.01.2020

CORAM

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM Crl.O.P.No.34483 of 2019 R.Balamurugan

...Petitioner

-Vs1. The Superintendent of Police, Cuddalore District.

2. Buvaneshwari Inspector of Police, Ramanatham Police Station, Cuddalore District.

... Respondents Prayer:

Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to issue a direction, directing the 2nd respondent police not to harass the petitioner without following the due process of law.

For Petitioners : Mr.M.Velmurugan For R1 : Mr.Mohamed Riyaz Additional Public Prosecutor *****

ORDER

This Criminal Original Petition has been filed to direct the second respondent not to harass the petitioner without following the due process of law.

2. The learned counsel for the petitioner has submitted that due to family dispute, the petitioner's father Rajiv has lodged a false complaint against the petitioner herein and based on the said false complaint, the second respondent is harassing the petitioner.

3. Per contra, the learned Additional Public Prosecutor has submitted that the petitioner's father has not lodged any complaint against the petitioner herein and on the contrary, the petitioner's wife has lodged a complaint against the https://hcservices.ecourts.gov.in/hcservices/

petitioner and based on the said complaint, F.I.R has been registered in Crime No.184/2019, under sections 294(b), 352, 354 and 506(ii) I.P.C and only for investigation purpose in that case the petitioner was called and he was not subjected to any harassment.

4. Since the F.I.R has been registered against the petitioner, this Court does not find any merit in this petition. The second respondent being an investigating officer shall be entitled to proceed against the petitioner in accordance with law. Hence this Criminal Original Petition is dismissed.

Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar mfa To 1.The Superintendent of Police, Cuddalore District.

2.The Inspector of Police, Ramanatham Police Station, Cuddalore District.

3.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.34483 of 2019 MR(CO) CB(18/02/2020) https://hcservices.ecourts.gov.in/hcservices/