Velankanni Subbaiah v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.07.2023

CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN Velankanni Subbaiah ... Petitioner Vs.

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

2.The Inspector of Police, All Women Police Station, Thirumangalam, Madurai District.

3.U.Subbaiah ..Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the first respondent not to harass the petitioner by calling to the police station repeatedly and regularly on the basis of the complaint as given by the second respondent forthwith.

For Petitioner : Mr.S.Palani Velayutham For R1& R2 : Mr.B.Thanga Aravindh Government Advocate Crl.Side) 1/5

For R3 : No appearance O RDER This petition is filed seeking for a direction to the police not to harass the petitioner.

2.It is submitted by the learned counsel for the petitioner that the petitioner is the wife of the third respondent and both of them were not getting along well after the marriage, thereby the petitioner has filed a petition seeking divorce from the third respondent. Disputes are pending between them since long time. Many efforts to mediate them were also failed.

3.It is submitted by the learned Government Advocate (Crl.side) for the respondents 1 and 2 that the third respondent/husband has made a complaint against the petitioner alleging that she has taken 50 sovereigns of gold on 28.02.2023 and based on such complaint, the police are making an enquiry and in that connection, the petitioner was asked to appear before the second respondent police. It is further submitted that the petitioner instead of appearing and 2/5

cooperating with the respondent police has filed this petition and that the enquiry will be closed within two weeks.

4.It is submitted by the learned counsel for the petitioner that the second respondent and All Women Police Station is asking the petitioner to appear at 09.00 pm. However, the representative of the second respondent police station, who is present before this Court, has reported that they have never called the petitioner at 09.00 pm. and it is submitted by the learned Government Advocate (Crl.side) that they will follow the Code of Criminal Procedure in respect of asking the petitioner to appear before the police station concerned. 5.Recording the submissions made by the learned Government Advocate (Crl.side) that they will close the enquiry initiated against the petitioner within two weeks from the date of appearance of the petitioner, this Petition is closed. The petitioner is hereby directed to cooperate for the enquiry. Speaking : Yes / No 04.07.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No 3/5

To 1.The Superintendent of Police, Madurai District, Madurai.

2.The Inspector of Police, All Women Police Station, Thirumangalam, Madurai District.

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

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DR.D.NAGARJUN. J.

mm Crl.O.P.(MD)No.4435 of 2023 04.07.2023 5/5