Madras High CourtCRL OP(MD)/11925/2024ordered

J.Plauso Amala Abinesh v. The Superintendent Of Police

2024-07-29Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.07.2024

CORAM

THE HON'BLE MR.JUSTICE B.PUGALENDHI J.Plauso Amala Abinesh ... Petitioner Vs

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

2. The Inspector of Police, All Women Police Station, Uthamapalayam, Theni District.

3. Pritha ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the 2nd respondent, not to harass the petitioner under the guise of an enquiry by considering the petitioner's representation to the 1st respondent dated 08.07.2024.

For Petitioner : Mr.S.Balaji For R1 & R2 : Mr.P.Kottai Chamy Government Advocate (Crl. Side) 1/4

O R D E R

The petitioner has approached this Court that the respondent police is harassing him under the guise of an enquiry. 2.The learned Government Advocate(Criminal side) submits that the third respondent is the wife of the petitioner. Based on the complaint of the third respondent, the respondents have conducted a petition enquiry as against this petitioner in CSR.No.122 of 2024 dated 02.07.2024. The petitioner has not co-operated for the enquiry and based on the available materials, a case has been registered in Crime No. 22 of 2024 as against the petitioner.

3.It appears that the respondent police have conducted a petition enquiry for nearly 25 days. In all fairness, the Investigation Officer ought to have referred the complaint to the Social Welfare Officer concerned.

4.Considering the fact that it is a matrimonial dispute, this Criminal Original Petition is allowed. The respondent police shall not 2/4

harass the petitioner. The respondent police is directed to refer the matter to the Social Welfare Officer concerned and the petitioner shall appear before the Social Welfare Officer concerned. NCC : Yes/No 29.07.2024 Internet:Yes/No Index:Yes/No jbr To

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

2. The Inspector of Police, All Women Police Station, Uthamapalayam, Theni District.

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

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B.PUGALENDHI , J.

jbr 29.07.2024 4/4