Madras High CourtCRL OP(MD)/4417/2018disposed of

Arun v. The Superintendent 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.4417 of 2018 1.Arun 2.Kannan 3.Poongothai ... Petitioners -vs1.The Superintendent of Police, Trichy, Trichy District.

2.The Inspector of Police, All Women Police Station, Thiruverumbur, Trichy District. ... Respondents Prayer: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the second respondent not to harass the petitioners in the guise of enquiry. For Petitioners : Mr.K.P.Narayanakumar For Respondents : Mr.Prabu Ramachandran, Government Advocate (Crl. Side).

ORDER

This criminal original petition has been filed by the petitioners to direct the second respondent not to harass the petitioners under the guise of enquiry.

2.The learned counsel appearing for the petitioners has submitted that the wife of the first petitioner quarreled with the petitioners and left the matrimonial home. Hence, the first petitioner has filed a divorce petition in H.M.O.P No.57 of 2018 on the file of the Principal Sub-Judge, Tiruchirappalli and after receipt of the notice in the said HMOP, the first petitioner's wife has lodged a false complaint. He further submitted that based on the said complaint the second respondent is insisting the petitioners to execute a settlement deed in favour of the first petitioner's wife.

3.The learned Government Advocate (Crl. Side) has submitted that after receipt of the complaint, C.S.R.No.89 of 2018 has been issued and the enquiry is still pending before the second respondent. He denied the allegation that the second respondent has compelled the petitioners to execute a settlement deed. https://hcservices.ecourts.gov.in/hcservices/

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 compel the petitioners to execute any settlement deed and he should not harass the petitioners unnecessarily.

5.Withe aforesaid direction, this criminal original petition is disposed of.

Sd/- Assistant Registrar (T&P) /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Trichy, Trichy District.

2.The Inspector of Police, All Women Police Station, Thiruverumbur, Trichy District.

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

+1cc to Mr.K.P.Narayanakumar, Advocate, SR.No.58049 cp RL/5C/2P/SV/MMS/SAR2/26/4/2018 CRL.O.P.(MD)No.4417 of 2018 https://hcservices.ecourts.gov.in/hcservices/ 23.03.2018