R.Yoganathan v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.12.2022

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR R.Yoganathan ... Petitioner Vs.

1.The State of Tamilnadu, represented by the Superintendent of Police, Puthukottai.

2.The Inspector of Police, All Women Police Station, Aranthangi, Puthukottai District.

3.Poornima ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to issue a direction, directing the respondents herein not to harass the petitioner and his family members under the guise of enquiry.

For Petitioner : Mr.K.Vamanan For R1 & R2 : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor 1/4

ORDER

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders to direct the respondents 1 and 2 not to harass the petitioner and his family members under the guise of enquiry.

2. Admittedly, the third respondent is the wife of the petitioner.

3. The learned counsel appearing for the petitioner would submit that the petitioner met with an accident in the year 2022 and while he was taking treatment for the accident, the third respondent left the matrimonial home without intimating anybody, that their five year old child is with the petitioner and that the third respondent has preferred a complaint, for which, the respondent police are harassing the petitioner to hand over the children to the third respondent.

4. The learned Additional Public Prosecutor appearing for the respondents 1 and 2 would submit that the third respondent has lodged a complaint in CSR.No.456 of 2022, that the petitioner and the third respondent appeared before the respondent police on 05.11.2022, and 2/4

subsequently, both of them have not turned up for the hearing. He would further submit that they have also referred the matter to the Social Welfare Officer, Pudukottai.

5. At this juncture, the learned counsel appearing for the petitioner would submit that the petitioner is ready to appear before the Social Welfare Officer.

6. In view of the submission made by the learned Additional Public Prosecutor, the petitioner is directed to appear before the Social Welfare Officer, Pudukottai and on such appearance, the Social Welfare Officer is directed to conduct enquiry and submit a report in the manner known to law.

7. With the above directions, this Criminal Original Petition stands disposed of.

05.12.2022 Index :

Yes / No Internet :

Yes / No csm 3/4

K.MURALI SHANKAR,J.

csm To 1.The Superintendent of Police, Puthukottai.

2.The Inspector of Police, All Women Police Station, Aranthangi, Puthukottai District.

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

Order made in Dated: 05.12.2022 4/4