Madras High CourtWP(MD)/22670/2021dismissed

Thirumanimalavan .V v. The Superintendent Of Police

2021-12-21Honourable Mr Justice G.R.Swaminathan2 pages

W.P.(MD)No.22670 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.12.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.22670 of 2021 V.Thirumanimalavan ... Petitioner -Vs1.The Superintendent of Police, Theni District.

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

3.Seemati Priyadharshini ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the second respondent to take action on his complaint dated 15.12.2021 in C.S.R.No.565 of 2021 on the file of the second respondent police under the criminal law by conducting an effecting investigation as expeditiously as possible within the time stipulated as prescribed by this Court.

For Petitioner : Mr.R.Pon Karthikeyan For R1 & R2 : Mr.M.Sakthi Kumar Government Advocate (Crl.side)

ORDER

Heard the learned counsel for the petitioner and the learned Government Advocate for R1 & R2.

2. The marriage between the petitioner and the third respondent took place only on 10.09.2021. The third respondent is said to have left the petitioner shortly thereafter. The petitioner has given a complaint before the second respondent on 15.12.2021 and wants the second respondent to take action on the same.

3. I went through the contents of the complaint. At the end, the petitioner had stated that the respondent should initiate action for reuniting his wife with him. When that is the prayer made by him, the question of initiating criminal prosecution does not arise at all. The petitioner has to move the jurisdictional https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.22670 of 2021 Civil Court or Family court. Leaving open the petitioner's other rights and remedies, this Writ Petition is dismissed. No costs. Sd/- Assistant Registrar (RECORDS) // True Copy // / /2022 Sub Assistant Registrar(CS) rmi 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, Theni District.

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

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

W.P.(MD)No.22670 of 2021 21.12.2021 NSN(CO) SB(10.01.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2