← Library
Madras High CourtCRL OP(MD)/8364/2024allowed

Kalidhass v. The Superintendent Of Police

2024-06-10Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.06.2024

CORAM

THE HON'BLE MR.JUSTICE B.PUGALENDHI CRL.O.P (MD) No.8364 of 2024 Kalidhass ... Petitioner Vs

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

2. The Deputy Superintendent Of Police, Peraiyur Division, Madurai - 625 703.

3. The Inspector of Police, Kallupatti Police Station, Kallupatti - 625 702.

4. The Inspector of Police, AWPS, Peraiyur, Madurai District.

5. Durga ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the 2nd to 4th Respondents not to harass the petitioner in the guise of enquiry, on the complaint given by 5th Respondent. For Petitioner : Mr. J. Sivaram For Respondents : Mr.P.Kottaichamy, Government Advocate (Crl.Side) 1/4

O R D E R

The petitioner has approached this Court that the respondent police is harassing him under the guise of an enquiry. 2.The learned counsel for the petitioner submits that the 5th respondent is working as a SI of Police and the marriage between the petitioner and the 5th respondent was solemnized in the year 2015 and they are having one child. Later, they got separated by way of getting divorce by mutual consent from the concerned Court on 08.02.2024. The custody of their child is also with the petitioner and the 5th respondent is having visitation right. Only after obtaining divorce, the petitioner is taking steps to marry another woman. Now, the 5th respondent has lodged a complaint and with the influence of Police, she is harassing the petitioner. 3.The learned Government Advocate (Crl.

Side) submits that based on the complaint given by the 5th respondent/wife of the petitioner, enquiry is pending before the 4th respondent in C.No.156/SDO/PYR/24. However, the learned Government Advocate (Crl.

child is with the custody of the petitioner.

4.In view of the above submission made by both parties, the respondent Police is directed not to harass the petitioner under the guise of enquiry. Accordingly, this Criminal Original Petition stands allowed. 10.06.2024 NCC : Yes/No Internet:Yes/No Index:Yes/No PNM To

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

2. The Deputy Superintendent Of Police, Peraiyur Division, Madurai - 625 703.

3. The Inspector of Police, Kallupatti Police Station, Kallupatti - 625 702.

4. The Inspector of Police, AWPS, Peraiyur, Madurai District.

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

3/4

B.PUGALENDHI , J.

PNM ORDER IN CRL.O.P (MD) No.8364 of 2024 10.06.2024 4/4