Madras High CourtCRL OP/4493/2017disposed of

K.S.Varadaraj, Aged 45 Years, v. The State Rep. By

2017-03-06Honourable Mr Justice N. Sathish Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.03.2017

CORAM

THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR Criminal O.P.No.4493 of 2017 K.S. Varadharaj ... Petitioner

Versus

1. The State represented by The Superintendent of Police, Vellore District.

2. The State represented by The Additional Superintendent of Police, Anti Land Grabbing Cell O/o. Superintendent of Police, Sathuvachari, Vellore District.

...

Respondents Prayer:- Criminal Original Petition filed seeking to direct the 2nd respondent not to harass the petitioner on the guise of enquiry based on the complaint given by one Umachandran, wife of Balachandran and Balachandran, son of Kannalan the civil matter already decided in O.S. No.151/2015 before the learned Principal District Munsiff, Tirupattur, Vellore District. For Petitioner : M/s. I. Paul Noble Deve Kumar. For Respondent : Mr.C.Emalias Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the respondent police not to harass the petitioner under the guise of enquiry based on the complaint given by one Umachandran, wife of Balachandran and Balachandran, son of Kannalan the civil matter already decided in O.S. No.151/2015 before the learned Principal District Munsiff, Tirupattur, Vellore District.

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

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3. My own doubt is whether such application for giving direction not to harass is maintainable under Section 482 of Criminal Procedure Code.

There is no such provision contemplated under Criminal Procedure Code. However, the learned Additional Public Prosecutor submits that the petitioner is not required for the enquiry or for any other investigation.

4. The submissions made by the learned Additional Public Prosecutor is recorded. In view of the same, the Criminal Original Petition is closed.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar vsi2 To

1. The Superintendent of Police, Vellore District.

2. The Additional Superintendent of Police, Anti Land Grabbing Cell O/o. Superintendent of Police, Sathuvachari, Vellore District.

3. The Public Prosecutor, High Court, Madras - 104.

+1cc to Mr.I.Paul Noble Deva Kumar, Advocate Sr.14344 Criminal O.P.No.4493 of 2017 lrs[co] srg 22/03/2017 https://hcservices.ecourts.gov.in/hcservices/