← Library
Madras High CourtCRL OP(MD)/18990/2019closed

M. Dinesh v. The Superintendent Of Police

2020-01-06Honourable Mr Justice A.D.Jagadish Chandira2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.01.2020

CORAM:

THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P(MD) No.18990 of 2019 M.Dinesh ... Petitioner Vs.

1.The Superintendent of Police, Madurai District.

2.The State rep. by, The Inspector of Police, Chekkanoorani Police Station, Madurai District.

3.Kasimayan

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, to direct the second respondent herein to secure and produce the petitioner's wife namely Visali, W/o.Dinesh aged about 21 years forthwith.

For Petitioner : Mr.T.Sugadev For Respondents : Mr.S.Chandrasekar 1 and 2 Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to direct the second respondent herein to secure and produce the petitioner's wife namely Visali, W/o.Dinesh aged about 21 years forthwith. 2.The learned counsel appearing for the petitioner would submit that the petitioner fell in love with one Visali, D/o Kasimayan. Since the parents of the said Visali opposed to the marriage, the petitioner got married to the said Visali on 29.04.2019 by exchanging the garland at Mariamman Temple, Nilakottai, Dindigul. Thereafter, the marriage was also registered at the office of Sub Registrar, Nilakottai. After the factum of the marriage came to the knowledge of the parents of the said Visali, they had kept the petitioner's wife in illegal detention and had prevented the petitioner from approaching his wife.

Thereby, the petitioner lodged a complaint before the second respondent police on 05.12.2019 to secure his wife and prevent the second marriage of his wife. However, the respondent police have not taken any action to find out the whereabouts of the said Visali aged about 21 years. Hence, the present petition is filed.

3.On the earlier occasion based on the submission made by the petitioner, this Court had directed the Deputy Superintendent of Police, Usilampatti, to enquire the said Visali and file a report. The Deputy Superintendent of Police, Usilampatti, had conducted an enquiry and she had appeared before the Deputy Superintendent of https://hcservices.ecourts.gov.in/hcservices/

Police, Usilampatti, on 21.12.2019 and given statement submitting that she had got married to the petitioner without the knowledge of her parents and that presently she is not interested to go along with the petitioner and she has also requested the respondent police to take action against the petitioner for uploading her photos in the Social Media against her wish.

4.The learned Additional Public Prosecutor appearing for the respondents 1 and 2 would submit that on 21.12.2019 the victim girl was called for enquiry and during the enquiry she had admitted that she married the petitioner however, she had expressed her unwillingness to go along with the petitioner. 5.Recording the submission made by the learned Additional Public Prosecutor, this Criminal Original Petition is closed. However, liberty is granted to the petitioner to take steps in accordance with law to secure his wife.

Sd/- Assistant Registrar (P&A) // True Copy // / /2020 Sub Assistant Registrar(CS) vsg To 1.The Superintendent of Police, Madurai District.

2.The Inspector of Police, Chekkanoorani Police Station, Madurai District.

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

CRL.O.P(MD) No.18990 of 2019 06.01.2020 SMA/04/02/2020/2P/4C https://hcservices.ecourts.gov.in/hcservices/