Raja Jothi v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:17.07.2023

CORAM

THE HONOURABLE DR.JUSTICE D.NAGARJUN Raja Jothi ... Petitioner Vs 1.The Superintendent of Police Viruthunagar District, Viruthunagar.

2.The Inspector of Police, AWPS Aruppukottai, Viruthunagar District.

3.Pandiselvi 4.Durga

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying, directing the first respondent to instruct the second respondent as to not to harass the petitioner under the guise of enquiry. For Petitioner : Mr.G.Karuppasamy Pandiyan For R-1 & R-2 : Mr.SS.Madhavan Government Advocate (Criminal Side) 1/4

O R D E R

This petition is filed seeking for a direction to respondent Nos.1 and 2 not to harass the petitioner in the matrimonial dispute between the petitioner and respondent No.4.

2. It is submitted by learned counsel for the petitioner that respondent No.4 is the wife of one Ramkumar, the brother of the petitioner herein and on account of disputes, respondent No.4 has filed D.V.C.No.19/2021 on the file of the learned Judicial Magistrate No.II, Virudhunagar and it is still pending. Mr.Ramkumar has filed a petition for Restitution of Conjugal Rights in H.M.O.P.NO.4 of 2022 on the file of the Family Court, Srivilliputhur and the same is also pending. It is submitted that on a complaint given by respondent No.4, respondent Nos.1 and 2 Police are harassing the petitioner, who has been residing along with their family member, therefore, sought for suitable directions.

3. Learned Government Advocate (Criminal Side) on the other hand submits that the dispute between the petitioner and respondent No.4 is a matrimonial dispute and a case in counter cases are pending in family courts. Respondent No.4 sent a complaint by the post to respondent No.1 / the Superintendent of Police and the said complaint is forwarded to respondent 2/4

No.2 / the Inspector of Police and the same is numbered as Current Paper No.

25. It is submitted that the enquiry is being initiated and since disputes between the parties is purely matrimonial in nature and matters are pending before the Courts, he will direct the police to close the matter after appropriate enquiry.

4. Considering the circumstances, the police are directed to dispose of the representation of respondent No.4 in Current Paper No.25 within a period of two weeks from the date of receipt of the order.

5. With the above direction, this Criminal Original Petition stands disposed of.

17.07.2023 NCC:yes/no Index:yes/no Internet:yes/no tsg To 1.The Superintendent of Police Viruthunagar District, Viruthunagar.

2.The Inspector of Police, AWPS Aruppukottai, Viruthunagar District.

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

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DR.D.NAGARJUN, J.

tsg 17.07.2023 4/4