Madras High CourtCRL OP(MD)/15890/2020disposed of

K.Raja v. The Commissioner Of Police

2021-01-05Honourable Mrs Justice R. Hemalatha3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.01.2021 CORAM :

THE HONOURABLE Mrs. JUSTICE R. HEMALATHA K.Raja ... Petitioner Vs.

1.The Commissioner of Police, Madurai City, 2.The Assistant Commissioner of Police, 3.The Inspector of Police, All Women Police Station, 4.The Inspector of Police, Tallakulam Police Station, ... Respondents Prayer : Criminal Original Petition filed under Section 482 of Cr.P.C to direct the respondents 1, 2 to advise the respondents 3 and 4 not to harass the petitioner under the guise of an enquiry. For Petitioner : Mr.R.Murugan For Respondents : Mr.A.Robinson Government Advocate (Crl. Side)

ORDER

The petitioner has filed the present petition under Section 482 Cr.P.C praying to direct the respondents 3 and 4 not to harass him under the guise of an enquiry.

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2.The case of the petitioner is that there is a matrimonial dispute between him and his wife, for which he has filed a petition for restitution of conjugal rights in HMOP No.712 of 2020 before the Family Court, Madurai and the same is pending and that at the instigation of his wife, the fourth respondent is harassing him.

3.Per contra, Mr.A.Robinson, learned Government Advocate, who accepts notice for the respondents, would contend that based on the complaint given by the wife of the petitioner, the petitioner was called for an enquiry and the respondent police did not harass him as alleged by the petitioner.

4. Considering the submissions made by the petitioner, the respondents 3 and 4 are directed to follow the guidelines of D.K.Basu Vs. State of West Bengal reported in AIR (1997) SC 610. 5.With the above observation, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (AS) // True Copy // / /2021 Sub Assistant Registrar(CS) rm 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 Commissioner of Police, Madurai City, Madurai.

2.The Assistant Commissioner of Police, 2/3

3.The Inspector of Police, All Women Police Station, 4.The Inspector of Police, Tallakulam Police Station, Madurai 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, 05.01.2021 KM (01.02.2021) 3P 6C 3/3