Saravanan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.01.2024

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP CRL.O.P (MD) No.1208 of 2024 Saravanan

...Petitioner

vs 1.The Inspector of Police, All Women Police Station, Aranthangi, Pudukkottai District.

2.M.Geetha alias Sathya

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying, to direct the 1st respondent police not to harass the petitioner by compelling him to go over to Aranthangi area directing the petitioner to appear for enquiry before the 1st respondent police station. For Petitioner : Mr.S.K.Mani For R1 : Mr.T.Senthil Kumar Additional Public Prosecutor 1/5

O R D E R

This Criminal Original Petition is filed to direct the first Respondent not to harass the Petitioner under the guise of enquiry. 2.It is the submission of the learned Counsel for the Petitioner that there is matrimonial dispute between the Petitioner and the second Respondent. The Petitioner is a resident of Tiruchirapalli, whereas the second Respondent had preferred a complaint with the All Women Police Station, Aranthangi, Pudukkottai District. The Petitioner is summoned by the first Respondent. Also, the learned Counsel for the Petitioner submits that based on the complaint of the second Respondent, the matter was referred to the Social Welfare Officer, who had enquired the matter and found that there was no harassment for dowry by the in laws and a report is available to the Investigating Officer. Still, the first Respondent had summoned the Petitioner. Therefore, he seeks directions against the first Respondent.

3.The learned Additional Public Prosecutor submits that based on the complaint of the second Respondent/the defacto complainant, a case had 2/5

been registered in Crime No.1 of 2024 for the offence under Sections 498(A), 294(b), 323 and 506(2) IPC on the file of the first Respondent. He would further submit that the Petitioner can exercise his right by filing appropriate petition. It is his further submission that this Petition becomes infructuous.

4.Recording the objections of the learned Additional Public Prosecutor, the first Respondent is directed to follow the guidelines issued in the reported ruling of the Hon'ble Supreme Court in the case of Lalitha Kumari Vs. State of Uttar Pradesh reported in (2014) 2 SSC 1 regarding matrimonial disputes. Also, the Petitioner is directed to co-operate with the investigation.

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

Internet:Yes./No 29.01.2024 Index:Yes/No mm 3/5

To 1.The Inspector of Police, All Women Police Station, Aranthangi, Pudukkottai District.

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

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SATHI KUMAR SUKUMARA KURUP , J.

mm CRL.O.P (MD) No.1208 of 2024 29.01.2024 5/5