Madras High CourtCRL OP(MD)/14072/2023disposed of

Karppaiah v. The Superintendent Of Police

2023-08-29Honourable Dr. Justice D.Nagarjun4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.08.2023

CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN Karuppiah ... Petitioner Vs.

1.The Superintendent of Police, Theni District. 2.The Inspector of Police, All Women Police Station, Bodinayakanur, Theni District.

3.Saranya ..Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the second respondent herein not to harass the petitioner on the guise of the enquiry in pursuance to the complaint lodged by the third respondent. For Petitioner : Mr.C.Senthil Murugan For R1 & R2 : Mr.B.Thanga Aravindh Government Advocate (Crl.side) O RDER This petition is filed under Section 482 of Cr.P.C. seeking for a direction to the respondent Police not to harass the petitioner on a complaint allegedly filed by respondent No.3.

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2. It is submitted by learned counsel for the petitioner that the petitioner has married the third respondent on 04.06.2017 and at the time of marriage, the petitioner was told that the third respondent is a major. However, subsequent to their marriage, the petitioner has realized that the third respondent is a minor, on which, the family members of both sides had sat together and decided not to continue the marriage and since then, the petitioner and the third respondent stated to be residing separately with their respective families. It is submitted further that after six years of the marriage, the defacto complainant has filed a false complaint before the respondent Police, basing on which, the respondent Police are harassing the petitioner, therefore, sought for suitable directions.

3. Learned Government Advocate (Criminal Side) submits that the respondent Police have received a complaint against the petitioner from the third respondent on 30.03.2023 and shown as a current paper and enquiry is being initiated and could not be completed as the petitioner, without cooperating with the enquiry, has filed this petition.

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4. Since it is submitted by learned Government Advocate (Criminal Side) that the enquiry in respect of a complaint filed by the third respondent, dated 30.03.2023, is still pending, the petitioner is directed to appear before the respondent Police and the respondent Police shall also direct to follow the procedures scrupulously during the course of enquiry in respect of a complaint filed by the third respondent and dispose of the same as quickly as possible.

5. With this observation, the Criminal Original Petition is disposed of.

29.08.2023 Speaking : Yes / No NCC : Yes / No Internet : Yes / No Index : Yes / No tsg 3/4

DR.D.NAGARJUN. J.

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

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

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

Crl.O.P.(MD)No.14072 of 2023 29.08.2023 4/4