Madras High CourtCRL OP(MD)/9645/2021disposed of

Palanivelu.C.M v. The Superintendent Of Police

2021-09-29Honourable Mr Justice G.Ilangovan2 pages

CRL OP (MD) No. 9645 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.09.2021

CORAM:

THE HONOURABLE MR. JUSTICE G.ILANGOVAN CRL OP (MD) No.9645 of 2021 C.M.Palanivelu ... Petitioner -Vs1. The Superintendent of Police, O/o. The Superintendent of Police, Dindigul District, Dindigul.

2. The Inspector of Police, Eriyodu Police Station, Dindigul District.

3. Kaliammal (R3 suo motu impleaded as per order of this Court dated 20.07.2021 made in Crl.OP(MD)No.9645 of 2021) ... Respondents PRAYER: The Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to directing the respondent No.1 to withdraw the petitioner's complaint dated 10.05.2021 pending before the respondent No.2 and entrust the same to any other officer not below the rank of Deputy Superintendent of Police for investigation of the complaint based on the petitioner's representation dated 12.07.2021 within the time period stipulated by this Court. For Petitioner : Mr.T.Thirumurugan For R1 & R2 : Mr.R.Meenakshi Sundaram Additional Public Prosecutor

O R D E R

It is seen that on the basis of the complaint given by the third respondent / wife herein case in Crime No.434 of 2021 has been registered and on the basis of the complaint given by the petitioner/husband a case in Crime No.516 of 2021 has been registered. A copy of the two First Information Reports were produced before this Court.

2. The learned counsel for the petitioner would submit that Crl.O.P(MD)No. 9700 of 2021 has been filed by the petitioner seeking quashment of the First Information Report on the basis of the complaint given by the wife and the matter is referred to mediation. It is seen that the presence of the third respondent namely the wife shall be ensured by the second respondent before the mediator. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP (MD) No. 9645 of 2021

3. In view of the above, nothing survives for adjudication in this petition. Hence, this petition is dismissed as infructuous. Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS) cm 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 Superintendent of Police, O/o. The Superintendent of Police, Dindigul District, Dindigul.

2. The Inspector of Police, Eriyodu Police Station, Dindigul District.

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

+1 CC to M/s.T.THIRUMURUGAN, Advocate ( SR-30694[F] dated 30/09/2021 ) CRL OP (MD) No.9645 of 2021 29.09.2021 RD(12.10.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2