T.K.Chins v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.03.2019 CORAM :

THE HONOURABLE MR.JUSTICE N.SESHASAYEE Crl.O.P.(MD)No.3535 of 2019 T.K.Chins ... Petitioner /Vs./ 1.The Commissioner of Police, Madurai City, Madurai.

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

..Respondents 3.E.Parameswari @ Bharanisree ... Defacto Complainant Prayer: Petition - filed under Section 482 of the Criminal Procedure Code, to direct the second respondent not to interfere in the Matrimonial dispute between the parties concerned in H.M.O.P.No.800 of 2018 pending on the file of the learned Subordinate Judge, Tambaram.

For Petitioner : Mr.B.Senthilnathan For R-1 and R-2 : Mr.V.Neelakandan Additional Public Prosecutor For R-3 : Mr.Govindarajan

ORDER

The petitioner complains of harassment by the second respondent at the instance of the complaint preferred by his wife / the third respondent.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents 1 and 2.

3. The learned counsel for the petitioner submits that the son of the petitioner has preferred H.M.O.P.No.800 0f 2018 before the Sub Court, Tambaram for dissolution of his marriage with the third respondent. He also submitted that earlier the third respondent has given a complaint and the same was enquired into and closed. Again she has preferred yet another complaint, on the basis of which the second respondent is harassing.

4. The learned Additional Public Prosecutor for the respondent police submits that on the basis of the representation / complaint given by the third respondent, summons has been issued to the son of the petitioner. But, the petitioner only appeared and his son did not appear for enquiry. He further submitted that the respondent https://hcservices.ecourts.gov.in/hcservices/

police neither harassed the petitioner nor intent to harass him.

5. In view of the above, the second respondent is directed to hold such necessary enquiry after issuing summons to the petitioner one more time and unless the complaint discloses prima facie commission of any offence, the second respondent shall not interfere with the ongoing matrimonial dispute.

6. With the above direction, this criminal original petition is disposed of.

Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS) To 1.The Commissioner of Police, Madurai City, Madurai.

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

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1cc to Mr.B.Senthilnathan, Advocate, SR.No. 52378 Order made in Crl.O.P.(MD)No.3535 of 2019 07.03.2019 TA KK/SAR-/20.03.2019/2P-4C https://hcservices.ecourts.gov.in/hcservices/