Yesu Thangam v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.01.2023

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR Yesu Thangam ... Petitioner Vs.

1.The Superintendent of Police, O/o. The Superintendent of Police, Kanyakumari District.

2.The Inspector of Police, O/o. The Inspector of Police, All Women Police Station, Nagercoil, Kanyakumari District.

3.Pabisha ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the second respondent not to harass the petitioner in the guise of enquiry.

For Petitioner : Mr.M.Maharaja For R1 & R2 : Mr.R.Sivakumar Government Advocate (Crl. Side) 1/4

ORDER

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders to direct the second 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 (Criminal Side) appearing for the respondents 1 and 2.

3. The learned counsel appearing for the petitioner would submit that the third respondent is the daughter-in-law of the petitioner, that there existed matrimonial dispute between the petitioner's son and the third respondent and that the third respondent has now lodged a complaint against the petitioner and her son.

4. The learned Government Advocate (Criminal Side) appearing for the respondents 1 and 2 would submit that on the basis of the complaint given by the third respondent, CSR.No.353 of 2022 came to 2/4

be registered and at the time of enquiry, the petitioner has agreed to return 51⁄2 sovereigns of gold jewels to the third respondent before December 2022, but she has not turned up.

5. Considering the nature of the dispute and also the submissions made on either sides, the second respondent is directed to follow the dictum laid down in the case of Lalita Kumari Vs. Government of Uttar Pradesh and Others reported in (2014) 2 SCC 1 and take action within a period of one week from the date of receipt of a copy of this order.

6. With the above direction, this Criminal Original Petition stands disposed of.

06.01.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No csm 3/4

K.MURALI SHANKAR,J.

csm To 1.The Superintendent of Police, O/o. The Superintendent of Police, Kanyakumari District.

2.The Inspector of Police, O/o. The Inspector of Police, All Women Police Station, Nagercoil, Kanyakumari District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Order made in Dated: 06.01.2023 4/4