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Madras High CourtCRL OP(MD)/18081/2023disposed of

Ajith K Dhanush v. The Superintendent Of Police

2023-11-20Honourable Mr Justice G.Ilangovan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.11.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN 1.Ajith K Dhanush 2.Kodeeswaran 3.Uma 4.Amritha Vinoth 5.Manikandan ... Petitioners Vs.

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

2.The Inspector of Police, AWPS, Thoothukudi, Thoothukudi District.

(Crime No.Not Known) 3.The Commissioner of Police, Coimbatore City, Coimbatore.

4.The Inspector of Police, AWPS, Coimbatore South, Coimbatore.

5.Vani

...Respondents

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PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to direct the 2nd and 4th respondents that not to harass the petitioners under the guise of enquiry without due process of law.

For Petitioners : Mr.S.M.Anantha Murugan For R1 to R4 : Mr.M.Sakthi Kumar Government Advocate (Crl.side) For R5 : Mr.M.Ajmalkhan,

ORDER

This petition has been filed seeking direction to the 2nd and 4th respondents that not to harass the petitioners under the guise of enquiry without due process of law.

2.The learned senior counsel appearing for the petitioner would submit that no complaint is pending against the petitioner before the respondents 1 and 2. Only one complaint is pending before the fourth respondent.

3.On the earlier hearing, the learned Government Advocate (Crl. Side) submitted that the matter was closed on the basis of some sort of 2/5

understanding. Finding that it is a matrimonial issue between the parties, it was referred to the Mediation Centre.

4.The learned counsel for the fifth respondent would submit that the complaint was filed before the fourth respondent herein and the fourth respondent is only making the enquiry. The complaint given before the second respondent was transferred to the fourth respondent on the point of jurisdiction. Even though, this Court directed the parties to appear before the Mediation Centre, on the point of jurisdiction, the parties may be advised to workout their remedy before the Principal Seat. 5.Only for the purpose of making of the possibility of settlement the matter was referred to the Mediation Centre. But, the fifth respondent is now not willing to appear before the Mediation Centre before the Madurai Bench. In view of the above said objection made by the fifth respondent, the petitioners may workout their remedy before the Principal Bench of this Court.

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6.With the above said directions, this petition stands disposed of. 20.11.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No TM To 1.The Superintendent of Police, Thoothukudi District, Thoothukudi.

2.The Inspector of Police, AWPS, Thoothukudi, Thoothukudi District.

3.The Commissioner of Police, Coimbatore City, Coimbatore.

4.The Inspector of Police, AWPS, Coimbatore South, Coimbatore.

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

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G.ILANGOVAN ,J.

TM 20.11.2023 5/5