R.Meyappan v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.03.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.4537 of 2022 1.R.Meyappan 2.M.Dhanalakshmi ... Petitioners Vs.

1.The Superintendent of Police, Sivagangai District.

2.The Deputy Superintendent of Police, Karaikudi, Sivagangai District.

3.The Inspector of Police, All Women Police Station, Karaikudi, Sivagangai District.

4.V.Vinothini ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the respondents 1 and 3 and their subordinates not to harass the petitioners or their son based on the false complaint dated 23.02.2023 of the fourth respondent on the file of the Inspector of Police, All Women Police Station , Karaikudi, till the proceedings pending before the competent Courts are disposed of in accordance with law. 1/5

For Petitioner : Mr.S.SivaThilakar For R1 to R3 : Mr.B.Nambiselvam Additional Public Prosecutor O R D E R This petition has been filed seeking direction to the respondents 1 and 3 and their subordinates not to harass the petitioners or their son based on the false complaint dated 23.02.2023 of the fourth respondent on the file of the Inspector of Police, All Women Police Station , Karaikudi, till the proceedings pending before the competent Courts are disposed of in accordance with law.

2. The learned counsel for the petitioners submitted that the petitioners' son married the fourth respondent in the year 2015. Due to some difference of opinion, they separated. Thereafter, the petitioners' son has filed H.M.O.P.No.860 of 2019 on the file of the Sub Court, Poonamallee and the same is still pending. He further submitted that the entire Siddana articles have been handed over to the fourth respondent. Now, the petitioners' son is in abroad. With an intention to harass the petitioners and their son the present complaint has been given.

3. The learned Additional Public Prosecutor appearing for the respondent police submitted that based upon the complaint given by the 2/5

fourth respondent, enquiry was undertaken. During the course of enquiry, it was found that the dispute between the family members. He further submitted that HMOP is pending between the petitioners' son and the fourth respondent herein. Only an enquiry has been made with the petitioners and no harassment has been made upon the petitioners by the respondent police.

4. Since the dispute is between the family members, there is no question of harassment here by the respondent police.

5. In view of the above, this Court directs the petitioners as well as the fourth respondent to co-operate with the third respondent police to complete the process of enquiry. Depending upon the outcome of the enquiry, further action may be taken by the second respondent. The above said process may be completed within a period of two months from the date of appearance of the parties. During the course of enquiry if any necessity arises, the petitioners' son can appear through video conference before the enquiry officer.

With the above directions, this Criminal Original Petition is disposed of.

13.03.2023 NCC : Yes/No Index : Yes/No Internet : Yes/No TTA 3/5

To 1.The Superintendent of Police, Sivagangai District.

2.The Deputy Superintendent of Police, Karaikudi, Sivagangai District.

3.The Inspector of Police, All Women Police Station, Karaikudi, Sivagangai District.

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

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G.ILANGOVAN. J.

TTA Crl.O.P.(MD)No.4537 of 2023 13.03.2023 5/5