Dr.P.Arun Prabu v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.11.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU Crl.O.P.(MD)No.12365 of 2020 Dr. P. Arun Prabu ... Petitioner Vs.

1. The Superintendant of Police, Dindigul, Tamil Nadu - 624 003.

2. The Inspector of Police, All Women Police Station, Palani, Tamil Nadu - 624 601.

...Respondents

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the respondents not to harass the petitioner and his family in the Blanket of enquiry in CSR No. Not known/2020. For Petitioner : Mr.L. Infant Dinesh For Respondents : Mr. V. Neelakandan Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed seeking direction to the respondents not to harass the petitioner and his family members under the guise of enquiry in CSR No. Not known/2020.

2. The petitioner would state that the petitioner is working as a Doctor in Chennai and he got married one Dr.V.Priya on 12.12.2018 and she was conceived in the month of October, 2019. Due to some matrimonial dispute between them, his wife was taken to her parental home by his mother-in-law via Train and he came to know that the child was illegally aborted by his in-laws the same was questioned by him, his in-laws had started to shout against him and his parents. Thereafter, the petitioner tried to contact his wife, she had blocked his number for unknown reason. In the meantime, on 08.10.2020, the petitioner's wife had lodged a complaint before the AWPS, Palani against him and his family members and the second respondent police had issued summons to the petitioner. Since the 1/3

petitioner's parents are senior citizens and his brother was affected with novel corona virus and still under medication they are not able to appear before the second respondent police for enquiry. Due to pandemic situation, he is ready to appear before the second respondent police for enquiry through video conferencing. But the second respondent had the habit of harassing him in the name of enquiry and insisted to appear in person. Hence, he approaches this Court.

3. When the petition is taken up for hearing, the learned Additional Public Prosecutor, on instructions, would submit that this Court directed the petitioner to hand over the entire jewels and certificates to the defacto complainant in the presence of the second respondent police and the same has been returned to the defacto complainant before the second respondent police and a memo has also been given by the defacto complainant to that effect.

4. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent police.

5. Considering the submission made by the learned Additional Public Prosecutor and also considering the fact that the petitioner has returned the certificates and the entire jewels to the defacto complainant, this Criminal Original Petition is disposed of with a direction to the respondent police not to harass the petitioner and his family members under the guise of enquiry and further directed the petitioner and the defacto complainant to approach the appropriate forum for their respective remedy in the manner known to law.

Sd/- Assistant Registrar (crl side) // True Copy // / /2020 Sub Assistant Registrar(CS) ksa 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.

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To

1. The Superintendant of Police, Dindigul, Tamil Nadu - 624 003.

2. The Inspector of Police, All Women Police Station, Palani, Tamil Nadu - 624 601.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai Crl.O.P.[MD]No.12365 of 2020 10.11.2020 VB (30.11.2020) 3P 4C 3/3