S.Machakkalai v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:17.07.2023

CORAM

THE HONOURABLE DR.JUSTICE D.NAGARJUN 1.S.Machkkalai 2.M.Vijaya ... Petitioners Vs 1.The Superintendent of Police Sivagangai, Sivagangai District.

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

3.The Sub Inspector of Police, All Women Police Station, Thiruppathur, Sivagangai District.

4.Monisha

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying, directing the third respondent not to harass the petitioners and his family members and also not to interfere with the petitioners' matrimonial dispute under the guise of enquiry.

For Petitioners : Mr.V.Santhakumaresan For R-1 & R-2 : Mr.SS.Madhavan Government Advocate (Criminal Side) 1/4

O R D E R

This Criminal Original Petition is filed by the petitioners seeking for a direction to respondent Nos.1 to 3 Police not to harass the petitioners on a false complaint given by respondent No.4.

2. According to learned counsel for the petitioners the respondent No.4, who is the wife of one Sridhar, son of petitioner Nos.1 and 2 and on account of disputes between respondent No.4 and her husband has filed D.V.C.No.3 of 2020 on the file of the Judicial Magistrate Court, Thiruppathur, whereas, husband of respondent No.4 has filed H.M.O.P.No.292 of 2019 on the file of Family Court, Sivagangai, seeking divorce from respondent No.4 and both cases are pending.

3. It is submitted that even though matters are pending between them in Family Court and the Judicial Magistrate Court, respondent No.4 has filed a complaint before respondent Nos.1 to 3 Police, and thereby, Police have been harassing, thereby, the petitioner appear before the Police for about six times.

4. It is also submitted that on an earlier occasion also, respondent No.4 has filed a similar complaint in different police stations and on which, 2/4

when the police started harassing, the petitioners have filed Crl.OP.(MD)No.833 of 2023 and the same was disposed of on 12.01.2023 directing the respondent Police to close the matter.

5. Learned Government Advocate (Criminal Side) on the other hand submits that respondent No.4 has been filing representations before various police stations against the petitioners and the complaints have been enquired into and are being disposed of.

6. In respect of the present complaint given by respondent No.4, the police have registered the same as C.S.R.No.119 of 2023 and the disputes between respondent No.4 and her husband are pending in various Courts, it is submitted that the respondent Police will dispose of the same. Therefore, the petitioners are directed to appear before the respondent Police on receipt of notice and on such appearance, the respondent Police are directed to consider the same and dispose of within a period of two weeks thereafter.

7. Accordingly, the Criminal Original Petition stands disposed of. 17.07.2023 NCC:yes/no Index:yes/no Internet:yes/no tsg 3/4

DR.D.NAGARJUN, J.

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

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

3.The Sub Inspector of Police, All Women Police Station, Thiruppathur, Sivagangai District.

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

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