Madras High CourtCRL OP(MD)/5540/2020disposed of

Prabhakaran v. The Inspector Of Police

2020-05-28Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.5540 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.05.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.5540 of 2020 M.Prabhakaran ... Petitioner Vs The State rep by its The Inspector of Police, Gujiliyamparai Police Station, Dindigul District.

... Respondent PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the respondent Police herein not to interfere with the rights of custody of the petitioner child under the guise of false and frivolous complaints and except through due process of law. For Petitioner : Mr.B.Jameel Arasu For Respondent : Mr.A.Robinson Government Advocate (Crl.side)

ORDER

The petitioner alleges harassment at the hands of the respondent.

2.The petitioner's counsel states that the relationship between the petitioner and his wife had come under strain and that a child born to them was with the petitioner. In order to secure the custody of the child, the petitioner's wife had given a false case and in the guise of enquiring and investigating the said case, the respondent police came to the petitioner's house and forcibly took away the child and handed over the child to the petitioner's wife.

3. I am afraid that I cannot give any direction regarding the custody of the child. The petitioner has to necessarily work out his rights before the jurisdictional Court whether it is the Family Court or the Sub Court. But I clearly direct the respondent not to put the petitioner to any kind of harassment in the guise of investigating into the case on hand. The petitioner is also given liberty to file a quash petition.

4.With this liberty and direction, this Criminal original Petition is disposed of.

Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS) rmi https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.5540 of 2020 To 1.The Inspector of Police, Gujiliyamparai Police Station, Dindigul District.

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

Crl.O.P(MD)No.5540 of 2020 28.05.2020 KB(09/06/2020) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2