Madras High CourtCRL OP(MD)/8681/2017closed

Muthumurugan v. The Superintendent Of Police

2017-07-11Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:11.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL.O.P.(MD)No.8681 of 2017 Muthumurugan ... Petitioner -Vs1.The Superintendent of Police, Virudhunagar District, Virudhunagar.

2.The Deputy Superintendent of Police, Aruppukottai, Virudhunagar District.

3.The Inspector of Police, All Women Police Station, Aruppukottai, Virudhunagar District.

4.The Sub-Inspector of Police, All Women Police Station, Aruppukottai, Virudhunagar District.

... Respondents PRAYER: Criminal Original petition filed under Section 482 of Criminal Procedure Code, to direct the respondents 3 and 4 not to harass the petitioner in the investigation/enquiry. For Petitioner : Mr.G.Marimuthu For Respondents : Mr.K.Anbarasan, Government Advocate(Crl.Side).

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O R D E R

This Criminal Original petition is filed to direct the respondents 3 and 4 not to harass the petitioner in investigation/enquiry.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Criminal side) appearing for the respondents.

3. The learned counsel for the petitioner submitted that the petitioner's wife gave a complaint before the respondent police and under the guise of enquiry, the petitioner is being harassed. The learned counsel for the petitioner also submitted that the petitioner filed a petition for Divorce before the Subordinate Court, Aruppukottai, in H.M.O.P.No.104 of 2016. Though the petition https://hcservices.ecourts.gov.in/hcservices/

was dismissed for default, the petitioner has taken necessary steps to restore the case on file. However, the respondent police are retaining the petitioner and they have compelled the petitioner to settle the issue with his wife. The petitioner was also directed to wait in the police station under the guise of the enquiry. In these circumstances, the petitioner has filed this petition.

4. The learned Government Advocate(Criminal side) on instructions submitted that the enquiry is pending as against the petitioner, on the basis of complaint given by the petitioner's wife.

5. It appears that the dispute is purely matrimonial and there is no necessity to harass the petitioner and hence, this petition is closed with a direction to the respondents that the petitioner shall not be called for any enquiry until or otherwise he is required and it shall be done only after issuing summons to the petitioner and in the manner known to law.

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Virudhunagar District, Virudhunagar.

2.The Deputy Superintendent of Police, Aruppukottai, Virudhunagar District.

3.The Inspector of Police, All Women Police Station, Aruppukottai, Virudhunagar District.

4.The Sub-Inspector of Police, All Women Police Station, Aruppukottai, Virudhunagar District.

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

PMU JS/MR/KKR/SAR.3/18.7.2017/2P-6C CRL.O.P.(MD)No.8681 of 2017 11.07.2017 https://hcservices.ecourts.gov.in/hcservices/