Madras High CourtCRL OP(MD)/4252/2018disposed of

L.N.Arunprasath v. The Commissioner Of Police

2018-03-23Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.03.2018

CORAM:

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM CRL.O.P.(MD)No.4252 of 2018 L.N.Arunprasath ... Petitioner -vs1.The Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police, All Women Police Station, Tallakulam, Madurai.

... Respondents Prayer: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the second respondent not to harass the petitioner and his family members without any legally sustainable complaint and to direct the second respondent to follow the guideline issued by the Honourable Supreme Court in D.K.Basu (1997 1 SCC 416) case in matters pertaining to arrest or interrogation.

For Petitioner : Mr.T.Thirumurugan For Respondents : Mr.Prabu Ramachandran, Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed to direct the second respondent not to harass the petitioner and his family members.

2.The learned counsel appearing for the petitioner has submitted that the petitioner got married one Sivadharshini, on 08.06.2015. Subsequently, she left matrimonial home and filed a maintenance case in M.C.No.53 of 2017, on the file of Family Court, Madurai and the same is pending and that being so, she gave a false complaint before the second respondent. Based on the said complaint, the second respondent is harassing the petitioner and his family members.

https://hcservices.ecourts.gov.in/hcservices/ 3.The learned Government Advocate (Crl. Side) has submitted

that one complaint has been received against the petitioner from his wife and only for enquiry purpose, the petitioner was called and he was not subjected to any harassment.

4.Considering the aforesaid submissions, the second respondent is directed to expedite the enquiry and if the enquiry discloses any cognizable offence, then he has to registered a case and proceed further in accordance with law. Instead of doing so, he should not unnecessarily harass the petitioner and his family members. 5.With the aforesaid direction, this criminal original petition is disposed of.

Sd/ Assistant Registrar (P&A) /True copy/ Sub Assistant Registrar To 1.The Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police, All Women Police Station, Tallakulam, Madurai.

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

+1cc to Mr.T.Thirumurugan, Advocate, SR.No. 57415 CRL.O.P.(MD)No.4252 of 2018 23.03.2018 CP KK/JC/02.05.2018/SAR-3/2P-5C https://hcservices.ecourts.gov.in/hcservices/