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Madras High CourtCRL OP(MD)/16767/2017dismissed

P.Thanselvam, v. The Superintendent Of Police,

2018-06-19Honourable Mr Justice D. Krishnakumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.06.2018

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR CRL.O.P.(MD)No.16767 of 2017 P.Thanaselvam .. Petitioner Vs.

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

2.The Inspector of Police, All Women Police Station, Uthamapalayam, Theni District.

.. Respondents Petition is filed under Section 482 of the Criminal Procedure Code, directing the respondents to register the complaint of the petitioner dated 17.11.2017 and investigate the same in accordance with law and also file the final report.

For Petitioner : Mr.B.Jeyakumar For Respondents : Mr.K.K.Ramakrishnan Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed seeking a direction to the respondents to register the complaint of the petitioner dated 17.11.2017 and investigate the same in accordance with law and also file the final report.

2.According to the petitioner, the marriage was solemnized between the petitioner and one Muthumalar on 06.05.2011. Further, the said Muthumalar is having illicit intimacy with one Balamurugan. When the same was questioned by the petitioner, they threatened him with dire consequences. Hence, the petitioner has preferred a complaint before the second respondent police. Since no action has been taken on the petitioner's complaint, he has come forward with the present Criminal Original Petition.

3.The learned Additional Public Prosecutor submitted that the complaint is pending for enquiry.

4.In view of the above said submission made by the learned Additional Public Prosecutor, the second respondent is directed to conduct the enquiry in accordance with law. In conducting the preliminary enquiry, the second respondent shall put the concerned https://hcservices.ecourts.gov.in/hcservices/

parties upon notice. At the end thereof, if any cognizable offence is made out, the second respondent shall duly register a case and proceed with the same in accordance with law, otherwise, further proceedings shall be dropped. In the event of effecting closure of the case upon conducting a petition enquiry, a copy of the closure report shall be forwarded to the complainant. 5.With the above directions, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (CS-I) /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Theni District, Theni.

2.The Inspector of Police, All Women Police Station, Uthamapalayam, Theni District.

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

+1CC to Mr.B.Jeyakumar Advocate in SR.No.69053. SMN-2 DS/SKN-RSK/SAR-3 :02.07.2018: 2P/5C CRL.O.P.(MD) No.16767 of 2017 19.06.2018 https://hcservices.ecourts.gov.in/hcservices/