S.Anand v. The Superintendent Of Police

Crl.O.P(MD).No.14432 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.12.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU Crl.O.P.(MD)No.14432 of 2020 S.Anand : Petitioner Vs.

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

2. The Inspector of Police, All Women Police Station, Karaikudi, Sivagangai District.

3. P.Priyanka : Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the 2nd respondent not to harass the petitioner and his family members.

For Petitioner: Mr.R.Mathiyalagan For R1 & R2 : Mr.V.Neelakandan Additional Public Prosecutor(Crl.side)

ORDER

This petition has been filed to direct the 2nd respondent not to harass the petitioner and his family members. 2.Heard the learned counsel for the petitioner, the learned Additional Public Prosecutor (Criminal Side) for the official respondents.

3.The learned counsel for the petitioner would submit that the petitioner and the 3rd respondent are husband and wife. Due to difference of opinion, the petitioner filed HMOP No.164 of 2020, before the Sub Court, Devakottai. In this situation, the 3rd respondent preferred a complaint before the respondent police and the respondent police without issuing summons to the petitioner, called him for enquiry and threatened to withdraw the case in HMOP and insisted to give divorce to the 3rd respondent, otherwise dowry case will be registered against him. Therefore he made representation to the 1st respondent on 02.12.2020. Since no action has been taken, the petitioner is before this Court with this Criminal Original Petition.

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Crl.O.P(MD).No.14432 of 2020 4.The learned Additional Public Prosecutor, on instructions, would submit that 3rd respondent who is wife of the petitioner herein has preferred a complaint against him. CSR No.461 of 2020 has been assigned on 14.10.2020. Since the issue involved in this case is matrimonial dispute and also it is ascertained that a case in HMOP No.164 of 2020 is also pending before the Court below, enquiry has been conducted and closed on 28.11.2020, by directing the parties to approach the appropriate Civil Forum, for their remedy.

5.Recording the submission made by the learned Additional Public Prosecutor (Crl.side), this Criminal Original Petition is closed.

Sd/- Assistant Registrar // True Copy // / /2021 Sub Assistant Registrar(CS) vrn 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, Sivagangai District, Sivagangai.

2. The Inspector of Police, All Women Police Station, Karaikudi, Sivagangai District.

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

Crl.O.P.(MD)No.14432 of 2020 10.12.2020 SJ(CO) CS: 18.01.2021 3P 4C https://hcservices.ecourts.gov.in/hcservices/