S.David Palaniswamy v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.02.2023

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR S.David Palaniswamy ... Petitioner Vs.

1.The Superintendent of Police, Pudukkottai District, Pudukkottai.

2.The Superintendent of Police, Vellore District, Vellore.

3.The Inspector of Police, Panaipatti Police Station, Thirumayam Taluk, Pudukkottai District.

4.The Inspector of Police, Katpadi Police Station, Vellore District.

... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the third and fourth respondents not to harass the petitioner and his family members under the guise of enquiry by considering the petitioner's representation, dated 10.02.2023. For Petitioner : Mr.M.Karunanith, for Mr.R.Paranjothi 1/5

For Respondents : 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 third and fourth respondents not to harass the petitioner and his family members under the guise of enquiry by considering the petitioner's representation, dated 10.02.2023.

2. When the matter is taken up for hearing today, the learned Government Advocate (Criminal Side) appearing for the State would submit that one Prithviraj has lodged a complaint that his sister is found missing and the FIR came to be registered in Crime No.357 of 2022 and that when the investigation is pending, the father of the missing girl has filed a petition in H.C.P.No.2469 of 2022 before the Principal Seat and the Hon'ble Division Bench of this Court, vide order, dated 01.12.2022, directed the Deputy Superintendent of Police, Katpadi Sub-Division, to supervise the investigation in Crime No.357 of 2022 that is being conducted by the Inspector of Police, Katpadi Police Station and keep the petitioner informed of the developments, if any and when the 2/5

Divyadharshini is secured, she shall be produced before the Judicial Magistrate Court, Katpadi, after intimation to the petitioner.

3. He would further submit that the boy's mother Krishnaveni has given a confession statement stating that his son's friends Chandrasekar, Navarasan and Kaviarasu, had only compelled the Divyadharshini and conducted marriage of her son, that after receiving the particulars through the confession statement, the fourth respondent therein has issued a summon to the petitioner and since the same was refused, the was affixed in his home in the presence of Village Administrative Officer and that when the whereabouts of the petitioner's son was enquired into they came to know that he was sent to Malaysia on 25.12.2022 and he is there.

4. Considering the facts and circumstances of the case and also the fact that the petitioner has refused to cooperate for the alleged investigation, he has come forward with the present petition, seeking order not to harass the petitioner and as such hence this Court is not inclined to allow this petition.

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5. Accordingly, the Criminal Original Petition is dismissed. 15.02.2023 NCC : Yes/No Index : Yes / No Internet : Yes / No das To 1.The Superintendent of Police, Pudukkottai District, Pudukkottai.

2.The Superintendent of Police, Vellore District, Vellore.

3.The Inspector of Police, Panaipatti Police Station, Thirumayam Taluk, Pudukkottai District.

4.The Inspector of Police, Katpadi Police Station, Vellore District.

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

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K.MURALI SHANKAR,J.

das Order made in Dated: 15.02.2023 5/5