Mohammed Jabarullah v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.06.2023 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN Mohammed Jabarullah ... Petitioner Vs.

1. The Superintendent of Police, Office of the Superintendent of Police, Ramanathapuram District.

2. The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Mudukulathur, Ramanathapuram District.

3. The Inspector of Police, All Women Police Station, Mudukulathur, Ramanathapuram District.

4. Aameen Basila Banu .....Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to issue suitable direction to the 2nd and 3rd Respondent herein not to harass the Petitioner and his family members on the guise of the enquiry based on the Representation, dated 28.03.2023 given by the Petitioner.

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For Petitioner : Mr. Arun B For Respondents 1 to 3 : Mr. Suresh Kumar R Govt Advocate (Criminal Side) For Respondent 4 : Mr. V. Kannan

ORDER

This Criminal Original Petition has been filed for issuing suitable direction to the 2nd and 3rd Respondent herein not to harass the Petitioner and his family members on the guise of the enquiry, based on the Representation, dated 28.03.2023 given by the Petitioner.

2. The learned counsel appearing for the 4th respondent submitted that now suit for declaration has been filed by the petitioner before the Family Court, Chennai for declaring that the marriage between the parties is null and void on the ground that Muthalak alleged to be pronounced by this petitioner and now, there is a possibility of settlement.

3. The learned counsel appearing for the petitioner submitted that in spite of repeated talk in the Jamath it could not be found any solution.

4. The learned Government Advocate (Crl. Side) appearing for 2/5

the respondent would submit that in spite of repeated summons issued to the petitioner he did not appear.

5. Perusal of the CD file shows that the petitioner also appeared before Enquiry Officer and at that time pressure has been made to settle the issue and hence, he could not appear so far.

6. In view of the above said development there is no possibility of settlement between the parties. Let the above said complaint be enquired by the respondents police within a period of one month from the date of appearance of the parties by following the appropriate procedure. During the time of enquiry, if any trouble arise, the petitioner can work out the remedy through appropriate proceedings.

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

15.06.2023 Index : Yes/No Internet:Yes/No trp 3/5

To

1. The Superintendent of Police, Office of the Superintendent of Police, Ramanathapuram District.

2. The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Mudukulathur, Ramanathapuram District.

3. The Inspector of Police, All Women Police Station, Mudukulathur, Ramanathapuram District.

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

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G.ILANGOVAN, J., trp 15.06.2023 5/5