Premkumar v. The Superintendent Of Police

Crl.O.P.(MD)No.13666 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:16.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.13666 of 2021 Premkumar ... Petitioner vs.

1.The Superintendent of Police, Theni District.

2.The Inspector of Police, All Woman Police Station, Aundipatti, Theni District.

3.Sarika ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the second respondent herein not to harass the petitioner and his family members in the name of enquiry and to follow the procedure established under law.

For Petitioner : Mr.S.Mathivanan For R1 and R2 : Mr.K.Sanjai Gandhi Government Advocate (Criminal Side)

O R D E R

This petition has been filed to direct the second respondent herein not to harass the petitioner and his family members in the name of enquiry and to follow the procedure established under law.

2. It is a matrimonial dispute between the petitioner and the third respondent and on the basis of the complaint given by the third respondent, enquiry was undertaken by the second respondent.

3. The learned counsel for the petitioner would submit that the marriage between the petitioner and the third respondent came to be dissolved in F.C.O.P.No.791 of 2019 by order dated 05.08.2019. After the disposal of the above said petition, the wife has filed H.M.O.P.No.158 of 2021 before the learned Sub-Judge, Theni seeking for restitution of conjugal rights. Further, she has also given a https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.13666 of 2021 false complaint before the second respondent against this petitioner. On the basis of the complaint, the second respondent is continuously harassing the petitioner.

4. The learned Government Advocate would submit that based on the complaint given by the third respondent, enquiry was undertaken in C.S.R.No.294 of 2021 and during the course of enquiry, both of them gave statements to the effect that they will work out their remedy through appropriate proceedings, since it is a matrimonial dispute. On the basis of the undertaking given by the parties, it was closed.

5. Since the complaint given by the third respondent was closed, nothing survives for further consideration in this petition. Hence, this Criminal Original Petition is disposed of as infructuous.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) ssb 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 Superintendent of Police, Theni District.

2.The Inspector of Police, All Woman Police Station, Aundipatti, Theni District.

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

Crl.O.P.(MD)No.13666 of 2021 16.09.2021 RK (27.09.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2