A.Mahesh v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.12.2022

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR A.Mahesh ... Petitioner Vs.

1.The Superintendent of Police, Office of the Superintendent of Police, Dindigul District.

2.The Inspector of Police, All Women Police Station, Palani Town and Taluk, Dindigul District.

3.G.Ananthi ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the respondents 1 and 2 not to harass the petitioner on the guise of enquiry except through due process of law. For Petitioner : Mr.C.Gangai Amaran 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 under the guise of enquiry except through due process of law.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents 1 and 2.

3. Admittedly, the petitioner and the third respondent are husband and wife.

4. The learned counsel appearing for the petitioner would submit that the petitioner has already filed a divorce petition in H.M.O.P.No.645 of 2019 on the file of the Family Court, Madurai and after dismissal of the same, the third respondent has lodged a complaint before the second respondent as if the petitioner has retained her jewels. 2/4

5. The learned Additional Public Prosecutor appearing for the respondents 1 and 2 would submit that on the basis of the complaint given by the third respondent, CSR.No.G3/3568/17362/2022 came to be registered on 31.10.2022. He would further submit that there existed matrimonial dispute between the parties.

6. Recording the submissions made on either sides, the petitioner is directed to appear before the second respondent and on such appearance, the second respondent is directed to proceed with the enquiry and pass orders in accordance with law, within a period of two weeks from the date of receipt of a copy of this order.

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

16.12.2022 Index :

Yes / No Internet :

Yes / No csm 3/4

K.MURALI SHANKAR,J.

csm To 1.The Superintendent of Police, Office of the Superintendent of Police, Dindigul District.

2.The Inspector of Police, All Women Police Station, Palani Town and Taluk, Dindigul District.

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

Order made in Dated: 16.12.2022 4/4