L.Cheguwara @ Sureshkumar v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.01.2023

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR L.Cheguwara @ Sureshkumar ... Petitioner Vs.

1.The Commissioner of Police, Madurai.

2.The Inspector of Police, All Women Police Station, Thiruparankundram, Madruai.

3.Suguna @ Priya ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the second respondent police not to harass the petitioner under the guise of enquiry on the basis of the complaint lodged by the third respondent in respect of the jewels which is the subject matter in H.M.O.P.No.63 of 2020 on the file of the Subordinate Court, Tirumangalam.

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For Petitioner : Mr.R.G.Sankar Ganesh, For R1 and R2 : Mr.SS.Madhavan, Government Advocate (Criminal Side)

ORDER

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders to direct the second respondent police not to harass the petitioner under the guise of enquiry on the basis of the complaint lodged by the third respondent in respect of the jewels which is the subject matter in H.M.O.P.No.63 of 2020 on the file of the Subordinate Court, Tirumangalam.

2. The learned counsel for the petitioner would submit that the petitioner is the husband of third respondent; that the petitioner has already filed a petition in H.M.O.P.No.63 of 2020, seeking divorce and the same is pending for trial and that the third respondent has given a complaint and after enquiry, the same was ordered to be closed and that thereafter, the third respondent has given the present complaint before the second respondent, based on which, the second respondent has been harassing the petitioner under the guise of enquiry. 2/5

3.The learned Government Advocate (Criminal Side) appearing for the State would submit that the earlier complaint was given by the third respondent before the Thallakulam Police Station and on the point of jurisdiction, the same was transferred to the second respondent and the same is pending before the second respondent in current paper. He would further submit that since the H.M.O.P is pending, they have instructed the second respondent, to close the matter.

4. Recording the submission made by the learned Government Advocate (Criminal Side), this Criminal Original Petition stands disposed of.

30.01.2023 NCC : Yes/No Index : Yes / No Internet : Yes / No das 3/5

To 1.The Commissioner of Police, Madurai.

2.The Inspector of Police, All Women Police Station, Thiruparankundram, Madruai.

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

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K.MURALI SHANKAR,J.

das Order made in Dated: 30.01.2023 5/5