Mohamed Rizvan v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.07.2019

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN CRL.O.P.(MD).No.10517 of 2019 Mohammed Rizvan : Petitioner Vs.

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

2.The Inspector of Police, Alanganallur Police Station, Madurai District.

3.Ganga @ Razeena Begum : Respondents PRAYER : Petition is filed under Section 482 of Criminal Procedure Code to direct the second respondent not to harass the petitioner on the guise of complaint and except under due process of law. For Petitioner : Mr.V.Selva For R-1 & R-2 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl. side)s ******

ORDER

This Criminal Original Petition has been filed seeking direction to the second respondent Police not to harass the petitioner under the guise of enquiry.

2.The petitioner is the husband of the third petitioner. Based on a complaint given by the third respondent, the second respondent Police is harassing the petitioner and also threatening him to hand over the custody of his child to the third respondent. Hence, the present petition has been filed.

3.Today, when the matter was taken up for hearing, the learned Government Advocate (Criminal side) appearing for the respondents 1 and 2, on instructions, submitted that the third respondent has lodged a complaint against the petitioner, alleging that the petitioner has harassed, beaten and threatened her with dire consequences. Thereafter, the petitioner also said to have filed a complaint before the concerned Police and made some allegations against the third respondent, and it was forwarded to the second respondent. Now, the second respondent Police is only conducting the enquiry in both the complaints and not harassing the petitioner. https://hcservices.ecourts.gov.in/hcservices/

4.Considering the above circumstances, now the enquiry is pending on the complaints given by the petitioner as well as the third respondent, the petitioner is directed to appear before the second respondent Police for enquiry and co-operate with the enquiry, the second respondent is directed not to harass the petitioner during the enquiry.

5.With the above direction, the Criminal Original Petition stands closed accordingly.

Sd/- Assistant Registrar (CS III) // True Copy // Sub Assistant Registrar(CS) tsg To 1.The Superintendent of Police, Madurai District, Madurai.

2.The Inspector of Police, Alanganallur Police Station, Madurai District.

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

+1 CC to M/s.V.SELVA, Advocate ( SR-77865[F] dated 26/07/2019 ) CRL.O.P.(MD).No.10517 of 2019 25.07.2019 KK/SAR/03.09.2019/2P-5C/ https://hcservices.ecourts.gov.in/hcservices/