Madras High CourtCRL OP(MD)/10006/2019disposed of

N.Kallisprabhu v. The Inspector Of Police

2019-07-16Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.07.2019

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Crl.O.P.(MD)No.10006 of 2019 N.Kallisprabhu ... Petitioner Vs.

1.State rep by The Inspector of Police, All Women East Police Station, Paramakudi Town Police Station Campus, Thaniavur-Savalkudi Road, Paramakudi-623 702.

2.K.Anitha

...Respondents

PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the respondent police (Inspector of Police, All Women Police Station, Paramakudi) not to harass the petitioner. For Petitioner : Mr.V.Karthikeyan For R1 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.Side)

ORDER

This petition has been filed seeking direction to the respondent not to harass the petitioner under the guise of enquiry.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the official respondent. Since no adverse order is going to be passed, notice to the second respondent is dispensed with.

3. The grievance of the petitioner is that there is a matrimonial dispute between the petitioner and his wife / second respondent herein. Based on the complaint given by the second respondent, the first respondent police is unnecessarily harassing the petitioner and his family members under the guise of enquiry. Hence, the petitioner has filed the present petition. https://hcservices.ecourts.gov.in/hcservices/

4. Today, when the matter is taken up for hearing, the learned Government Advocate (Crl.Side), on instructions, would submit that on the complaint given by the second respondent regarding harassment, enquiry is pending and summons were only issued to the petitioner and other family members for enquiry. Without appearing for enquiry, the petitioner has filed the present petition.

5. The submission made by the learned Government Advocate (Crl.Side) is recorded. Considering the fact that an enquiry on the complaint given by the second respondent is pending, the respondent police is directed to conduct the enquiry in accordance with law. The petitioner is also directed to cooperate with the investigation. If at all the presence of the petitioner and his family members is required by the respondent police for enquiry, the same shall be done by issuing summons mentioning a specific date and time for enquiry. During enquiry, there shall not be any harassment to the petitioner. Accordingly, this criminal original petition is disposed of.

Sd/- Assistant Registrar (AS) // True Copy // Sub Assistant Registrar(CS ) To

1. The Inspector of Police, All Women East Police Station, Paramakudi Town Police Station Campus, Thaniavur-Savalkudi Road, Paramakudi-623 702.

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

+1 CC to MR.V.KARTHIKEYAN, Advocate ( SR-75636[F] dated 17/07/2019 ) Crl.O.P.(MD)No.10006 of 2019 16.07.2019 TA AE/(26.07.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/