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Madras High CourtCRL OP(MD)/9721/2020dismissed

P.Saravana Kumar v. The Superintendent Of Police

2022-02-14Honourable Mr Justice G.K. Ilanthiraiyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.02.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.9721 of 2020 1.Dr.P.Saravana Kumar 2.M.Periasamy 3.P.Jeyalakshmi 4.P.Vasanthi ... Petitioners/Aggrieved Persons Vs.

1. The Superintendent of Police Thoothukudi District, 2.The Deputy Superintendent of Police, Thoothukudi Town, Thoothukudi District.

3. The Inspector of Police All Women Police Station, Thoothukudi, Thoothukudi District.

4.Thanga Jothi

...Respondents/Respondents

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the second and third respondents not to harass the petitioners by causing interference into the matrimonial issue of the first petitioner which is the subject matter of a proceeding in H.M.O.P.No.568 of 2020 pending on the file of the Family Court, Thoothukudi.

For Petitioners : Mr.R.Anand For R1 to R3 : Mr.R.M.Anbunithi Additional Public Prosecutor For R4 : Mr.M.Saravana Kumar

ORDER

This Criminal Original Petition has been filed, seeking a direction to the second and third respondents not to harass the petitioners by causing interference with the matrimonial issue of the first petitioner which is the subject matter of a proceeding in H.M.O.P.No.568 of 2020 pending on the file of the Family Court, Thoothukudi.

2.Heard learned counsel appearing for the petitioners and learned Additional Public Prosecutor appearing for the official

respondent.

3.Perused the materials placed on record.

4.When the matter is taken up for hearing the learned Additional Public Prosecutor reports that the petitioners are accused in Crime No. 34 of 2020 and investigation is pending before the concerned respondent police.

5.Under such circumstances, once the regular FIR has been registered, the question of "Not to harass" will not arise. Any direction issued by this Court at this stage will amount to interfering with the investigation conducted by the respondent police.

6.Hence, the Criminal Original petition is dismissed. Sd/- Assistant Registrar (AS) // True Copy // / /2022 Sub Assistant Registrar(CS) lr Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Judge, Family Court, Thoothukudi.

2. The Superintendent of Police Thoothukudi District, 3.The Deputy Superintendent of Police, Thoothukudi Town, Thoothukudi District.

4. The Inspector of Police All Women Police Station, Thoothukudi, Thoothukudi District.

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

Crl.O.P.(MD) No.9721 of 2020 14.02.2022 SAR(CO) SB(26.02.2022) 3P 6C