Madras High CourtCRL OP(MD)/2846/2021disposed of

P.A.Manikandan v. The Commissioner Of Police

2021-06-07Honourable Mr Justice A.A.Nakkiran2 pages

Crl.O.P.(MD)No.2846 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.06.2021

CORAM:

THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN Crl.O.P.(MD)No.2846 of 2021 1.P.A.Manikandan 2.P.A.Ishwarya Priya ... Petitioners Vs.

1.The Commissioner of Police Madurai City, Madurai 2.The Assistant Commissioner of Police Anti-Dowry Cell Chamber No.54 Commissioner Office Madurai 3.M.K.Devi Sri ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 Cr.P.C., to direct the second respondent not to interfere with family dispute which is subject matter of H.M.O.P.No.65 of 2021 on the file of Family Court, Madurai and not to harass the petitioners unnecessarily under the guise of enquiry on the complaint preferred by the third respondent.

For Petitioners : Mr.V.P.Rajan For R1 & R2 : Mr.M.Muthumanikkam, Government Advocate(Crl.side)

ORDER

This petition has been filed to direct the second respondent not to interfere with family dispute which is subject matter of H.M.O.P.No.65 of 2021 on the file of Family Court, Madurai and not to harass the petitioners unnecessarily under the guise of enquiry on the complaint preferred by the third respondent. 2.The learned counsel appearing for the petitioners submitted that the first petitioner and the third respondent are husband and wife and the second petitioner is the sister of the first petitioner. Due to the difference of opinion themselves, the first petitioner had filed a divorce petition in HMOP.No.65 of 2021 before the Family Court, Madurai on the ground of cruelty and it is pending. The grievance of the petitioners is that the second respondent without following procedure contemplated under the https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.2846 of 2021 Cr.P.C., called the first petitioner for enquiry and harassed at the instance of the third respondent. Hence, the petitioners are before this Court.

3.Heard the learned counsel appearing on either side. 4.Whatever might be the circumstances, the second respondent police is directed to follow the principles laid down by the Hon'ble Apex Court in D.K.Basu Vs. State of West Bengal reported in AIR (1997) SC 610, while enquiring the petitioner. 5.With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) tta Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate/litigant concerned.

To 1.The Commissioner of Police Madurai City, Madurai 2.The Assistant Commissioner of Police Anti-Dowry Cell Chamber No.54 Commissioner Office Madurai 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.O.P.(MD)No.2846 of 2021 07.06.2021 CN(15.06.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2