Madras High CourtCRL OP(MD)/15413/2016closed

R. Jegan v. The Superintendent Of Police

2016-08-23Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.08.2016

CORAM:

THE HONOURABLE Dr. JUSTICE S.VIMALA Crl.O.P.(MD)No.15413 of 2016 1.R.Jegan 2.Ramar 3.Chellayee 4.Tamilselvi 5.Malaisamy .. Petitioners Vs.

1. The Superintendant of Police, Madurai District.

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

3. The Inspector of Police, Elumalai Police Station, Madurai District.

.. Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to direct the 3rd respondent police not to interfere in the matrimonial dispute and not to harass the petitioners without following due process of law. For Petitioners : Mr.Karthick Subramanian For Respondents : Mr.A.P.Balasubramani Government Advocate (Criminal side)

ORDER

It is an application seeking a direction to the third respondent not to interfere in the matrimonial dispute and not to harass the petitioners without following due process of law. 2.Heard the learned counsel for the petitioners and the learned Government Advocate (Crl. Side) for the respondents. https://hcservices.ecourts.gov.in/hcservices/

3.The learned counsel appearing for the petitioners has produced a copy of the FIR registered in Crime No.23 of 2016 by the All Women Police Station, Usilampatti under Sections 498(A), 294(B) and 506(i) IPC and Section 4 of the Tamil Nadu Prohibition of Harassment of Woman Act, 2002 and Section 4 of Dowry Prohibition Act, 1962.

4.A perusal of the FIR would go to show that a complaint has been registered as against the petitioners herein. When the second respondent has already registered a case against the petitioners in respect of the complaint given by the defacto complainant, it is not necessary for the third respondent, once again to call the petitioners for enquiry on the same set of allegations. Therefore, the third respondent is directed to ascertain as to whether the contents of the present complaint is the reiteration of previous complaint and if so, the third respondent shall take steps to close the complaint and shall not insist upon the appearance of the petitioners for enquiry. 5.This Criminal Original Petition is disposed of with the above direction.

Sd/- Assistant Registrar (AE) /True Copy/ Sub Assistant Registrar To

1. The Superintendant of Police, Madurai District.

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

3. The Inspector of Police, Elumalai Police Station, Madurai District.

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

+ 1 CC TO MR.S.KARTHICK SUBRAMANIAN, ADVOCATE IN SR No. 46786 MJ TE/DB : 14/09/2016 : 2P/6C Crl.O.P(MD)No.15413 of 2016 23.08.2016 https://hcservices.ecourts.gov.in/hcservices/