Madras High CourtCRL OP(MD)/17284/2016disposed of

Muthukumar, v. The Sub Inspector Of Police,

2016-09-15Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.09.2016

CORAM:

THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD).No.17284 of 2016 Muthukumar .. Petitioner Vs.

1.The Sub Inspector of Police, All Women Police Station, Thallakulam, Madurai.

2.The Inspector of Police, All Women Police Station, Thallakulam, Madurai.

3.The Commissioner of Police, Madurai Commissionerate, Madurai.

4.Nandhini .. Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to direct the 1st and 2nd respondents not to harass the petitioner and also direct the 3rd respondent to prevent the 1st and 2nd respondents from harassing the petitioner in the guise of enquiry.

For Petitioner : Mr.B.A.Muruganantham For respondents 1 to 3 : Mrs.S.Prabha Government Advocate(Criminal side)

ORDER

It is an application seeking a direction to the respondent police not to harass the petitioner under the guise of enquiry. 2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondent. 3.The learned counsel for the petitioner would submit that the fourth respondent is the wife of the petitioner. The petitioner has already filed a petition for divorce in H.M.O.P.No.529 of 2016 against the fourth respondent, and thereafter a false complaint was given to the second respondent and under the guise of enquiry, he was called to the police station, where he was beaten black and https://hcservices.ecourts.gov.in/hcservices/

blue by the fourth respondent's mother with the knowledge and assistance of the second respondent police.

4.The learned Government Advocate (Criminal Side) submitted that based on the complaint of the fourth respondent, the second respondent is conducting enquiry and she will not allow such things happen in the police station. However, he gave an undertaking that if at all the presence of the petitioner is required, the respondent would call the petitioner for enquiry only after issuing summons giving specific date, time and place. 5.Recording the above undertaking given by the learned Government Advocate, this Criminal Original Petition is disposed of, directing the second respondent to conduct the enquiry and shall not harass the petitioner.

Sd/- Assistant Registrar(AE) /True Copy/ Sub Assistant Registrar To 1.The Sub Inspector of Police, All Women Police Station, Thallakulam, Madurai.

2.The Inspector of Police, All Women Police Station, Thallakulam, Madurai.

3.The Commissioner of Police, Madurai Commissionerate, Madurai.

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

+1cc to M/s.B.A.Muruganantham, Advocate SR.No.52665 Crl.O.P(MD)No.17284 of 2016 15.09.2016 pjl SD/SS3/06.10.2016/2P/6C https://hcservices.ecourts.gov.in/hcservices/