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Madras High CourtCRL OP(MD)/13028/2020disposed of

A.Sangeetha v. The Superintendent Of Police

2020-11-19Honourable Mrs Justice J. Nisha Banu3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.11.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU Crl.O.P.(MD)No.13028 of 2020 A.Sangeetha ... Petitioner Vs.

1. The Superintendant of Police, Dindigul District, Dindigul.

2. The Inspector of Police Palani Town Police Station,

3. The Inspector of Police Kannivadi Police Station, Kannivadi,

4. Karthikeyan ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the 1st respondent to direct the third respondent herein not to harass the petitioner and her parental family members and their family friends under the guise of enquiry. For Petitioner : Mr.A.Prasanna Rajadurai For Respondents 1 to 3 : Mr.V.Neelakandan, Additional Public Prosecutor For 4th Respondent : Mr.Dhana

O R D E R

This petition has been filed to direct the third respondent herein not to harass the petitioner and here parental family members and their family friends under the guise of enquiry. 2.The petitioner would state that the petitioner and the fourth respondent are husband and wife and blessed with two children. Due to matrimonial dispute between the petitioner and the fourth respondent, she was forcibly driven out from the matrimonial 1/3

home on 03.02.2020. The petitioner has filed a DVOP No.16 of 2020 and the same is pending before the Judicial Magistrate Court, Palani. Thereafter, the fourth respondent lodged a false complaint to the third respondent in order to illegally separate the girl child and to defame, harass the petitioner. Hence, the petitioner has filed the present petition not to harass the petitioner and her family members under the guise of enquiry.

3.The learned counsel for the fourth respondent would state that earlier the children were under his custody. Later on, the girl child was taken away by the petitioner. He would further state that due to matrimonial dispute, HMOP divorce case on the ground of adultery is pending between the petitioner and the fourth respondent.

4.It is an admitted fact that the fourth respondent has filed a divorce petition, which is pending before the Family Court, Dindigul. In these circumstances, the respondent police will not interfere with the matter. For the custody of the child the petitioner will approach the appropriate forum for her remedy. 5.With the above direction, this criminal original petition is disposed of.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2020 Sub Assistant Registrar(CS) Rm 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 Superintendant of Police, Dindigul District, Dindigul.

2. The Inspector of Police Palani Town Police Station, 2/3

3. The Inspector of Police Kannivadi Police Station, Kannivadi,

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

+1 CC to Mr.A.PRASANNA RAJADURAI, Advocate SR-22145. Crl.O.P.[MD]No.13028 of 2020 19.11.2020 SV2(CO) CS(04.12.2020) 3P 6C 3/3