D.Lakshmanan v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:06.07.2023

CORAM

THE HONOURABLE DR.JUSTICE D.NAGARJUN D.Lakshmanan ... Petitioner Vs 1.The Superintendent of Police, Tirunelveli District, Tirunelveli.

2.The Deputy Superintendent of Police, Nanguneri Taluk, Tirunelveli.

3.The Inspector of Police, Nanguneri Police Sttion District, Tirunelveli District.

4.Jeya Sudha

...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 under the guise of enquiry with regard to the complaint given by the said fourth respondent based on the petitioner's representation dated 17.06.2023. For Petitioner : Mr.P.Rajesh For R-1 to R-3 : 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 the representation given by the petitioner.

2. It is submitted by the learned counsel for the petitioner that the respondent No.4 is the wife of the petitioner and on account of disputes arose between them, both of them have jointly filed an application for grant of divorce and divorce is yet to be granted. In the meantime, respondent No.4 is stated to have filed a complaint before the second respondent on the strength of which, the second respondent is allegedly harassing the petitioner.

3. Learned Government Advocate (Criminal Side) submits that insofar as the dispute between the petitioner and the fourth respondent is concerned, the second respondent is not holding any enquiry. The fourth respondent has not filed any complaint before the second respondent. It is also submitted by learned Government Advocate (Criminal Side) that the fourth respondent has earlier filed a petition before the Nanguneri All Woman Police Station and that was enquired into and has already been closed. 2/4

4. Since the respondent No.2 does not have any proceedings in respect of the dispute between the petitioner and respondent No.4, the petition become infructuous. Therefore, the Criminal Original is dismissed. 06.07.2023 NCC:yes/no Index:yes/no Internet:yes/no tsg To 1.The Superintendent of Police, O/o. The Superintendent of Police, Dindigul.

2.The Inspector of Police, O/o. the Inspector of Police, Kodaikanal Police Station, Dindigul District.

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

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DR.D.NAGARJUN, J.

tsg 06.07.2023 4/4