Madras High CourtCRL OP(MD)/12200/2023disposed of

M.Raj Kumar v. The Commissioner Of Police

2023-07-06Honourable Dr Justice D.Nagarjun4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.07.2023

CORAM

THE HONOURABLE DR.JUSTICE D.NAGARJUN M.Raj Kumar ... Petitioner Vs 1.The Commissioner of Police, O/o. The Commissioner of Police, Madurai City.

2.The Inspector of Police, O/o. the Inspector of Police, All Women Police Station, Thiruparamkundram, Madurai City.

3.S.Uma Maheswari

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying, to direct the second respondent to not to harass the petitioner in the guise of enquiry.

For Petitioner : Mr.J.Peer Mohammed For R-1 & R-2 : Mr.B.Thanga Aravindh Government Advocate (Criminal Side) 1/4

O R D E R

This petition is filed seeking for a direction to the second respondent not to harass the petitioner on a petition given by the third respondent.

2. It is submitted by the learned counsel for the petitioner that respondent No.3 is the wife of the petitioner and on account of the disputes arose between the petitioner and the third respondent, the third respondent has filed M.C.No.80 of 2021 on the file of the Family Court, Madurai and the same was allowed on 14.09.2022. She is also stated to have filed Crl,M.P.No.37 of 2023 on the file of the same Court seeking for arrears of maintenance amount and the same is pending. It is submitted by the learned counsel for the petitioner that the petitioner, who is working as Head Constable in Chennai and the respondent No.3 has filed an application before the second respondent, on basis of which, the second respondent is harassing the petitioner to live with the third respondent.

3. Learned Government Advocate (Criminal Side) submits that as per his instructions, the petitioner himself has shown the picture to the third respondent stated that he has been living with some other lady and thereby, asked the third respondent to give divorce to him. 2/4

4. Learned Government Advocate (Criminal Side) submits that the petitioner has failed to appear before the Inspector of Police, when he was asked to appear for enquiry. The petitioner being a Head Constable should have appeared before the second respondent in response to the notice given by him and explained his case. However, he has hurriedly rushed this Court.

5. This Criminal Original Petition, is therefore, disposed of with a direction to the petitioner to appear before the second respondent and on such appearance, the respondent Police are directed to dispose of the application filed by the third respondent within two weeks thereafter. 06.07.2023 NCC:yes/no Index:yes/no Internet:yes/no tsg 3/4

DR.D.NAGARJUN, J.

tsg To 1.The Commissioner of Police, O/o. The Commissioner of Police, Madurai City.

2.The Inspector of Police, O/o. the Inspector of Police, All Women Police Station, Thiruparamkundram, Madurai City.

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

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