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Madras High CourtCRL OP(MD)/12095/2019ordered

S.Bagavathy v. The Superintendent Of Police

2019-09-30Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL OP(MD) No.12095 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Thirtieth day of August Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice V.BHARATHIDASAN CRL OP(MD) No.12095 of 2019 S.BAGAVATHY ... PETITIONER Vs 1 THE SUPERINTENDENT OF POLICE, O/O. THE SUPERINTENDENT OF POLICE, SIVAGANGAI DISTRICT.

2 THE DEPUTY SUPERINTENDENT OF POLICE, OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE, THIRUPATHUR, SIVAGANGAI DISTRICT.

3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, MADURAI.

4 RADHI ... RESPONDENTS Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to To direct the 1st Respondent to direct the 3rd Respondent not to harass the Petitioner based upon the representation sent by the Petitioner dated 24.07.2019.

ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of MR.R.SENTHIL KUMAR, Advocate for the petitioner and of MR.K.SUYAMBULINGA BHARATHI, Government Advocate(Crl. Side) the Court made the following order:- This petition has been filed seeking a direction to the respondent police not to harass the petitioner.

2. On a perusal of the records, it could be seen that the fourth respondent, who is the wife of the petitioner herein, filed a petition under Section 125 of the Code of Criminal Procedure in M.C.No.67 of 2018 and the same was also allowed, directing the petitioner to pay a sum of Rs.5,000/- [Rupees Five Thousand only] per month towards maintenance. But the petitioner did not pay the maintenance till date. In the above circumstances, the fourth respondent said to have given a complaint before the third respondent, based on the complaint, the third respondent called the https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD) No.12095 of 2019 petitioner for enquiry. Hence, the petitioner filed the present petition.

3. The learned counsel appearing for the petitioner, on instructions, submitted that the petitioner is now ready and willing to pay the entire arrears of maintenance, within a period of four weeks.

4. In the above circumstances, the petitioner is directed to pay the entire arrears of maintenance to the fourth respondent, on or before 27.09.2019. The third respondent is directed not to harass the petitioner till then. If the petitioner fails to pay the amount on or before 27.09.2019, it is always open to the third respondent to proceed with the enquiry.

5. Post the matter on 30.09.2019 'for reporting compliance'. sd/- 30/08/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE SUPERINTENDENT OF POLICE, O/O. THE SUPERINTENDENT OF POLICE, SIVAGANGAI DISTRICT.

2 THE DEPUTY SUPERINTENDENT OF POLICE, OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE, THIRUPATHUR, SIVAGANGAI DISTRICT.

3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, MADURAI.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.R.SENTHIL KUMAR, Advocate ( SR-14602[I] dated 03/09/2019 )

ORDER

IN CRL OP(MD) No.12095 of 2019 SML Date :30/08/2019 AE/MMS/SAR-II (06.09.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2